The US Citizenship and Immigration Services (USCIS) has issued detailed guidance clarifying which employers must pay the newly introduced $100,000 H-1B visa fee, who qualifies for exemptions, and how to apply for them. The clarification follows the presidential proclamation issued on September 19, which sparked confusion among US employers and immigration attorneys.

Who Must Pay the Fee

According to USCIS, the $100,000 fee applies to new H-1B visa petitions filed on or after September 21, 2025 (12:01 a.m. EDT), on behalf of beneficiaries outside the United States who do not hold a valid H-1B visa.

The rule also covers petitions that request consular notification, port of entry notification, or pre-flight inspection for individuals in the US.

Who Is Exempt

The fee does not apply to:

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