When does the new $100,000 H-1B payment requirement take effect?

The new $100,000 payment requirement took effect on September 21, 2025, at 12:01 a.m. Eastern Time, following the Presidential Proclamation issued on September 19, 2025.

Who must pay the $100,000 under the new H-1B rule?

The $100,000 payment applies mainly to new H-1B petitions for beneficiaries located outside the United States who are seeking a visa stamp at a U.S. consulate or admission at a port of entry. It may also apply to certain filings requesting consular, port-of-entry, or pre-flight inspection notifications.

Are change-of-status petitions filed within the U.S. subject to the $100,000 fee?

No. USCIS clarified that petitions filed as a change of status from within the U.S. (for example, from F-1 or OPT to H-1B) are generally not subject to the $100,000 payment requirement.

Does the payment apply to H-1B extensions, amendments, or transfers?

No. USCIS has indicated that extensions, amendments, and change-of-employer filings for beneficiaries already in valid H-1B status within the U.S. are not required to include the $100,000 payment.

What happens if a required $100,000 payment or proof of exemption is missing?

If the payment or approved exemption documentation is not submitted with a petition that requires it, USCIS may reject or deny the filing.

Does international travel after approval trigger the $100,000 fee?

Generally, if the beneficiary was granted H-1B status with an I-797A that includes an I-94 and later travels briefly outside the U.S., the $100,000 payment does not apply. However, if the individual changes to consular processing and re-enters under a visa stamp, the payment may become applicable.

Who is responsible for paying the $100,000 fee — the employer or the employee?

The employer filing the H-1B petition is responsible for the payment. Passing the cost to the employee could raise compliance issues under U.S. Department of Labor regulations.

How should the $100,000 payment be made?

The $100,000 must be paid electronically through pay.gov prior to filing, and proof of payment must be included in the petition submission package.

Are there any exemptions or exceptions to the $100,000 requirement?

USCIS and DHS have provided limited exceptions, such as for cases determined to be in the national interest, where no qualified U.S. worker is available and enforcing the payment would harm U.S. interests. These require a formal exemption request with supporting documentation.

If a beneficiary changes employers or travels abroad, will the fee apply again?

No. The $100,000 payment is a one-time requirement tied to the initial petition subject to the rule. Once the beneficiary holds valid H-1B status, subsequent extensions, amendments, or travel-related re-entries based on the same approval generally do not trigger a new payment.

New $100K H-1B Fee Explained | USCIS Rule, Exemptions & Filing Guide

Oct 24 2025

New $100,000 Payment on Certain H-1B Petitions

On September 19, 2025, the President issued a Proclamation: Restriction on Entry of Certain Nonimmigrant Workers. Under the Proclamation, certain H-1B petitions filed at or after 12:01 a.m. Eastern Daylight Time (EDT) on September 21, 2025, must include an additional $100,000 payment as a condition of eligibility. USCIS has provided more clarification about the payment.

Who is NOT subject to the $100,000 payment

Petitions submitted before 12:01 a.m. EDT, Sept 21, 2025, are not affected.

Petitions filed on/after Sept 21, 2025, that request an amendment, change of status, or extension for an alien inside the U.S., and USCIS grants the amendment/change/extension. Such beneficiaries will not later be considered subject to the payment solely because they depart the U.S. and apply for a visa or seek reentry on a current H-1B visa.

Previously issued and currently valid H-1B visas are not affected.

Meng Law Group’s comments:

Based on USCIS’s announcement,the following petitions are not affected by the proclamation:

H-1B Cap petitions filed in 2025.

Petitions where the beneficiary is in the U.S., the H-1B petition requests an extension of status or a change of status, and the beneficiary remains in the U.S. until the approval.

Who is subject to the $100,000 payment

The Proclamation applies to new H-1B petitions filed on or after 12:01 a.m. EDT, Sept 21, 2025, that are:

For beneficiaries outside the U.S. without a valid H-1B visa;

Requesting consular notification, port of entry notification, or pre-flight inspection for an alien in the United States;

Requesting a change of status, amendment, or extension, but USCIS determines the alien is ineligible for that change/amendment/extension.

Meng Law Group’s comments:

Examples of such situations:

The beneficiary was not in a valid non-immigrant status when the petition was filed
USCIS determines that the beneficiary did not maintain their status and does not approve the stay under the amended petition, the extension of H-1B status, or the change of status to H-1B.
The beneficiary departs from the U.S. before a final decision is made on the petition.

If any of the above apply, then the petition may be subject to the payment.

How travel may affect the application of the $100,000 payment

If the beneficiary will depart from the U.S., certain situations may trigger the payment of the $100,000.

If the beneficiary travels out of the U.S. after approval of an H-1B petition and a Form I-797A was issued by USCIS, the $100,000 payment does NOT need to be made.

If the beneficiary travels out of the U.S. while the H-1B petition is pending with USCIS and a change of status request is made in the petition, this will trigger the $100,000 payment.

Employer pays the $100,000 payment

The Petitioner (i.e., the H-1B employer) is obligated to pay the $100,000 if payment is required.

How to pay the $100,000 payment

Petitioners should submit the required $100,000 payment using pay.gov.

Petitioners should follow the instructions on pay.gov and retain the payment confirmation at the following link:

https://www.pay.gov/public/form/start/1772005176.

When to pay

Before filing with USCIS. Petitions subject to the payment must include:

Proof the payment has been scheduled/made via pay.gov, or

Evidence of an exception granted by the Secretary of Homeland Security.

Petitions filed without proof of payment or an approved exception will be denied.

Exceptions

The Secretary of Homeland Security may grant an exception only where allof the following are met:

The alien worker’s presence in H-1B status is in the national interest;
No American worker is available to fill the role;
The alien worker does not pose a threat to U.S. security or welfare; and
Requiring the employer to pay $100,000 would significantly undermine U.S. interests.

This is a high threshold and supporting evidence must be provided to the Department of Homeland Security with the request submitted to H1BExceptions@hq.dhs.gov.

Meng Law Group PC is providing this notice for general informational purposes only. This message is not individualized legal advice.

H1B, H1B Cap, H1B Lottery, H1Bvisa

New $100,000 Payment on Certain H-1B Petitions

Who is NOT subject to the $100,000 payment

Who is subject to the $100,000 payment

How travel may affect the application of the $100,000 payment

Employer pays the $100,000 payment

How to pay the $100,000 payment

When to pay

Exceptions

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