U.S. Citizenship and Immigration Services (USCIS) gave new guidance on the application of the new $100,000 H-1B application fee. USCIS announced the new H-1B fee only applies to individuals filing petitions outside of the U.S. after September 21, 2025. The announcement brought much-needed clarity for H-1B beneficiaries and sponsors.
Enacted on September 19, 2025, the presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” blindsided immigration attorneys and H-1B beneficiaries with a new $100,000 application fee. Since its’ proclamation, there have been two separate lawsuits challenging the new fee. Plaintiffs range from unions, healthcare providers, schools, and even the Chamber of Commerce.
The government claimed the new fee protects American jobs by discouraging tech companies from hiring foreign workers. The new fee mainly targeted the tech industry, which got 64% of H-1B visas granted in 2024. However, the lawsuits make it clear that the fee harms fields beyond the tech industry, specifically the healthcare and education sectors.
The following groups must pay the fee:
- First time filers submitting a petition after September 21, 2025.
- Individuals whose H-1B petitions requiring approval by a U.S. consulate.
The following groups are exempt from paying the fee:
- Current H-1B beneficiaries.
- Individuals that filed petitions before September 21, 2025.
- Individuals granted an amendment, change of status, or extension of stay to their visa before the September 21st
USCIS also clarified current H-1B beneficiaries can leave and renter the U.S. without paying the fee.
As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, it’s particularly critical.