H-1B visa fee: USCIS clarifies who is exempt from $100,000 payment

The US Citizenship and Immigration Services (USCIS) released updated guidance clarifying the implementation of the $100,000 H-1B visa fee, following a presidential proclamation issued on September 19. The guidance addresses who is responsible for paying the fee, the circumstances in which it applies, and how employers may apply for rare exceptions.

Presidential proclamation and fee overview

The September 19 proclamation imposed a $100,000 fee on certain H-1B visa petitions, sparking confusion among employers. H-1B visas are often the primary pathway for high-skilled foreign nationals to work long-term in the United States.

Change of status clarified

USCIS stated that the fee does not apply to petitions involving a change of status inside the US.

USCIS guidance states, “The Proclamatio