U.S. Citizenship and Immigration Services (USCIS) has issued new guidance clarifying the scope of the recently announced $100,000 H-1B petition fee introduced under a September 19, 2025, White House proclamation. The clarification provides important relief for U.S.-based employers and foreign nationals already in the United States.
USCIS confirmed the $100,000 fee will not apply to H-1B petitions filed for individuals already in the U.S. This includes:
- Recent international college graduates on F-1 status changing to H-1B,
- Current H-1B employees seeking amendments, extensions, or changes of status, and
- Existing H-1B holders traveling internationally and returning to the U.S.
The fee will apply only to new H-1B petitions for workers outside the U.S. or for individuals who must leave the country before their petition is decided, including those who previously held H-1B status.
Employers may request a case-by-case exception if a worker’s presence is in the national interest and no qualified U.S. worker is available.