Trump's $100k H-1B Fee Proclamation
New H-1B rule: Learn who must pay the $100k fee as of Sept 2025. Explore USCIS guidance, payment steps, and exemptions for your 2026 visa petition
A Presidential Proclamation issued on September 19, 2025, introduced a $100,000 supplemental fee for certain H-1B visa petitions. This fee applies to new petitions filed on or after September 21, 2025, for beneficiaries located outside the United States.
Key takeaways from the latest USCIS guidance
USCIS’s October 20, 2025 implementation guidance provides concrete answers about how the fee H-1B payment will be administered. The fee applies in these situations:
- If you’re abroad and haven’t held an H-1B before, the fee applies.
- If you haven’t maintained valid nonimmigrant status at the time of filing
- If you file a change of status petition and then leave the US before its approved
- If you’re switching employers
Who Must Pay the $100,000 H-1B Fee?
According to USCIS, the fee supplemental fee applies to H-1B petitions filed on or after September 21, 2025, in the following situations:
- The beneficiary is outside the United States and does not hold a valid H-1B visa
- The petition requests consular processing, port of entry notification, or preflight inspection
- The beneficiary has not maintained valid nonimmigrant status at the time of filing
- The beneficiary departs the United States before USCIS adjudicates a change-of-status request
- USCIS determines the beneficiary is ineligible for in-country adjudication and approves the petition for consular notification instead
- Change of employer petitions are filed or approved for consular notification
Does the $100,000 H-1B fee apply to me?
| Situation | Does the $100k fee apply? | Why? |
|---|---|---|
| In the US on a tourist visa | Yes | You require to file a new petition |
| In the US on another work visa | No (usually) | Change-of-status petitions inside US are exempt |
| Outside the US without any US visa | Yes | You require to file a new petition |
| Outside the us on a valid H-1B visa | No | You already have one or would request an extension |
How do you pay the $100,000 H-1B fee?
When to pay
Payment must be completed before filing the H-1B petition with USCIS. Petitions filed without appropriate documentation will be denied. Proof of payment may also be required at the consulate during visa processing and at ports of entry.
Required documentation
At the time of filing the H-1B petition, employers must submit either:
- Proof of payment from Pay.gov, or
- Evidence of an approved exception from the Secretary of Homeland Security
Where to pay
Your employer must make the fee payment through the U.S. Department of Treasury's Pay.gov system.
Are you looking for a job that will sponsor your visa?
Get AccessFrequently asked questions
1. Can I get a refund on the $100k H-1B fee if my petition is denied?
USCIS has not announced a refund policy for the supplemental fee. Generally, USCIS filing fees are non-refundable regardless of the petition outcome. Consult an immigration attorney for guidance on your specific situation.
2. Does the H-1B fee apply to cap-exempt employers?
The Presidential Proclamation applies to H-1B petitions broadly. Cap-exempt employers (such as universities and nonprofit research organizations) should review the specific language of the proclamation and consult with legal counsel to determine applicability.
3. Is the H-1B fee per petition or per year?
The supplemental fee is a one-time payment required at the time of filing an applicable H-1B petition. It is not an annual fee. However, if you file a new petition that triggers the fee requirements (such as a change of employer approved for consular processing), the fee may apply again.
This article is provided for informational purposes only and does not constitute legal advice. Immigration laws, fees, and processing times are subject to rapid change by the U.S. government. For specific legal guidance, please consult a licensed immigration attorney or refer directly to USCIS.gov.
