Important Clarifications Posted by USCIS on New $100,000 H-1B Payment

On October 20, 2025, USCIS updated its “H-1B Specialty Occupations” webpage, clarifying who is subject to the $100,000 payment required of certain H-1B petitions filed on or after 9/21/25:  
 
Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers
 
On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, an important initial step to reform the H-1B nonimmigrant visa program. Under the Proclamation, certain H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility.
 
Who is subject to the $100,000 payment:
The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.
 
In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.
 
The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025. In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.
 
The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
 
How to pay the $100,000 payment:
Petitioners should submit the required $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176.
 
When to pay the $100,000 payment:
Payment must be made prior to filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.
 
Exceptions granted by the Secretary of Homeland Security:
Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States. Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov.
 
ImLaw’s Key Takeaways
 
Who must pay the $100,000:

• The $100,000 payment applies to H-1B petitions filed on or after 9/21/25 for beneficiaries who are outside the U.S. who do not possess a current H-1B visa in their passports.

• The $100,000 payment also applies to H-1B petitions filed on or after 9/21/25 that request consular notification, port of entry notification, or pre-flight inspection for beneficiaries who are inside the U.S.

• The $100,000 payment also applies to H-1B petitions filed on or after 9/21/25 that request change of status, extension of stay, or amendment and the beneficiaries are found ineligible for such request by USCIS, but the underlying H-1B petition is still approved for consular processing. For example, if the beneficiary departs the U.S. while the application for change of status is pending, or if the beneficiary is not in a valid nonimmigrant status. Such beneficiaries would be required to leave the U.S. to consular process an H-1B visa at a U.S. consulate abroad, triggering the $100,000 payment.

 
Who does not have to pay the $100,000:

• The $100,000 payment DOES NOT APPLY to any H-1B petitions filed before 9/21/25 or to beneficiaries who possess a previously issued and currently valid H-1B visa in their passports.

• Notably, the $100,000 payment also DOES NOT APPLY to H-1B petitions filed on or after 9/21/25 that request change of status, extension of stay, or amendment for a beneficiary inside the U.S., where USCIS approves such request. We welcome this important clarification, and it appears to include H-1B cap-subject change of status cases. This means that following USCIS approval of the requested change of status, extension of stay, or amendment, if beneficiaries subsequently leave the U.S. and apply for an H-1B visa based on that approved petition (or, for Canadian citizens who are visa-exempt for the H-1B category, applies for admission on H-1B status based on an approved H-1B change of status, extension of stay, or amendment petition), they will NOT be required to make the $100,000 payment. That said, H-1B beneficiaries should still avoid making any international travel plans without consulting their employers and immigration counsel in advance.

Note, the situation remains fluid, and guidance could change as the government provides additional information. ImLaw attorneys are closely monitoring developments, including government updates, litigation updates (two lawsuits filed to date), and available reports from the field.

Read more here:
H-1B Specialty Occupations | USCIS, under the dropdown titled, “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers”
 
College Grads, Some Workers in US Spared New $100,000 H-1B Fee - Bloomberg
 
U.S. Immigration Service Issues Guidance On Who Pays The $100,000 H-1B Fee