The U.S. Citizenship and Immigration Services has clarified the implementation of a $100,000 fee for H-1B visa petitions, detailing who must pay and the limited exemptions available.
The U.S. Citizenship and Immigration Services (USCIS) has recently provided much-anticipated guidance regarding the $100,000 fee imposed on H-1B visa petitions. This fee applies to petitions filed on or after September 21, 2025, for beneficiaries located outside the United States who do not currently hold a valid H-1B visa. The announcement has sparked significant discussion within immigration circles, as many visa holders express concerns about their eligibility and the implications of this new requirement.
Employers are required to pay the fee through Pay.gov, utilizing the form titled “H-1B visa payment to remove restriction.” This payment must be completed prior to submitting any petitions to USCIS. Notably, petitions filed before the September 21 deadline, as well as extensions or amendments for individuals already in the U.S., are exempt from the new fee.
While the announcement has provided some clarity, it has also raised questions about the circumstances under which exemptions may be granted. According to USCIS, rare exemptions may be available if the H-1B worker’s employment is deemed to be in the national interest, poses no security risk, and there are no qualified U.S. workers available for the position. However, immigration attorneys have criticized the “national interest” waiver as overly broad and ambiguous, suggesting that it leaves room for significant administrative discretion.
Jihan Merlin, Head of Immigration Strategy at Alma, commented on the administration’s approach, suggesting that it reflects a strategic recalibration rather than a retreat. “It’s not unraveling but it’s being narrowed in a way that seems designed to give it more of a chance to survive in court,” she stated. “By limiting it to consular petitions, the administration is aligning the policy more closely with its 212(f) authority over entry restrictions.” The true test of this strategy will come as it faces legal scrutiny.
For many current H-1B holders, the new fee and the potential for USCIS to determine ineligibility for extensions while remaining in the U.S. adds a layer of uncertainty to their immigration status. Jitesh Kumar, an H-1B visa holder, expressed his concerns, stating, “This leaves me and many others like me in a state of limbo. Since there is no clear guideline on who qualifies, we may be doing everything by the book and still discover that we’re ineligible.” This uncertainty has left many visa holders fearing the possibility of having to leave the country unexpectedly.
In terms of payment logistics, USCIS has clarified that the fee must be processed through Pay.gov before any petition is submitted. This clarification comes after confusion surrounding the payment process since the announcement of the fee by President Trump.
As for the exemptions, USCIS has specified that petitions filed before September 21, those for individuals who already hold valid H-1B visas, and approved amendments or extensions for workers within the U.S. will not be subject to the new fee. However, the criteria for the national interest waiver remain vague, leaving many in the immigration community questioning how it will be applied in practice.
Looking ahead, Merlin expressed caution regarding the potential for further easing of the fee requirements. “I don’t see the administration easing up further unless the courts step in,” she remarked. “The recent tweaks look more like a legal defense strategy than a policy reversal. If they tighten it further, it’ll be just enough to stand up in court. We’re telling companies to plan for either outcome.”
The USCIS’s recent clarifications have shed light on the $100,000 H-1B visa fee, but the ambiguity surrounding exemptions and the implications for current visa holders continue to create anxiety within the immigration community.
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