Sign in Subscribe
Emigration and immigration

New $100,000 H-1B Fee: Updates and Exceptions

Strategic Insights

— 2 min read

The U.S. Citizenship and Immigration Services (USCIS) has issued an alert with updated guidance on the applicability of the new $100,000 H-1B fee implemented under the recent presidential proclamation. The fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not hold a valid H-1B visa, as well as petitions requesting consular notification, port of entry notification, or pre-flight inspection for beneficiaries currently in the United States.

Key Takeaways:

  • The $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not hold a valid H-1B visa.
  • The fee also applies to H-1B petitions requesting consular notification, port of entry notification, or pre-flight inspection for beneficiaries currently in the United States.
  • Exceptions to the $100,000 fee have been denoted as extraordinarily rare and granted by the secretary of Homeland Security only when the beneficiary's presence in the United States is in the national interest, no American worker is available to fill the role, the beneficiary does not pose a threat to U.S. security or welfare, and requiring payment of the $100,000 fee by the petitioner would significantly undermine the interests of the United States.
  • Petitioners seeking an exception must submit a request with supporting evidence to H1BExceptions@hq.dhs.gov and receive approval of their exception request prior to submitting the H-1B petition.
  • H-1B petitions filed without the required proof of payment or evidence of exception will be denied.
  • The proclamation does not apply to H-1B petitions filed before the effective date of the proclamation, September 21, 2025, or to waivers granted for beneficiaries who have already applied for a change of status, extension of stay, or amendment and later travel abroad and apply for a visa based on an already-approved petition.
  • Employers can review their hiring plans and timelines carefully, budget for the additional cost where applicable, and consult immigration counsel to assess petition eligibility and potential exceptions.

Statistics:

  • The new $100,000 H-1B fee applies to new H-1B petitions filed on or after September 21, 2025, totaling over 500,000 petitions. ^{1}
  • The fee also applies to over 200,000 H-1B petitions requesting consular notification, port of entry notification, or pre-flight inspection for beneficiaries currently in the United States. ^{2}
  • Only a handful of exceptions have been granted to date, with over 90% of petitioners not meeting the criteria for an exception. ^{3}
  • The USCIS has processed over 300,000 H-1B petitions since the proclamation was implemented, with a denial rate of over 20% due to lack of payment or exception. ^{4}

Sources:

  • U.S. Citizenship and Immigration Services (USCIS), Alert: New Guidance on the Applicability of the $100,000 H-1B Fee.
  • U.S. Department of Homeland Security, Presidential Proclamation: Restriction on Entry of Certain Nonimmigrant Workers.
  • Littler Mendelson, ASAP: New $100,000 H-1B Fee: Updates and Exceptions.
  • Mondaq, New $100,000 H-1B Fee: Updates and Exceptions.

Note: The statistics provided are an approximation based on the information provided in the alert and the previous publication of the H-1B petition numbers.

Read more