The New $100,000 H-1B Fee: What USCIS Has Clarified
Published by: Law Office of Lu & Associates | January 23, 2026 | Blog
On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. 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 entry. On October 20, 2025, U.S. Citizenship and Immigration Services issued a clarification.
Who must pay the $100,000 fee
A foreign worker is subject to the payment if a petition is filed on or after September 21, 2025, and any of the following apply:
The beneficiary is outside the United States and does not have a valid H-1B visa.
The petition requests consular notification, port-of-entry notification, or pre-flight inspection.
A petition requests a change of status, amendment, or extension, but USCIS determines that the foreign worker is ineligible for that benefit.
One-time payment, not annual. USCIS clarifies that this is a one-time payment tied to new petitions, not a recurring annual fee.
Who is not subject to the fee
Petitions filed before September 21, 2025.
Current H-1B visa holders and previously issued, valid H-1B visas.
Petitions filed for a foreign worker already in the United States requesting an amendment, change of status, or extension, where USCIS grants the request.
How to pay (and what proof to file)
Where: Submit payment via Pay.gov using the form titled “H-1B VISA PAYMENT TO REMOVE RESTRICTION.”
When: Complete payment before filing Form I-129 with USCIS.
Proof: Include the Pay.gov confirmation with the petition. Petitions subject to the payment that lack proof of payment will be denied.
Exception requests (extraordinarily rare)
The Secretary of Homeland Security may grant an exception only if all of the following conditions are met:
The H-1B foreign worker’s presence is in the national interest.
No qualified U.S. worker is available.
The foreign worker poses no security or welfare risk.
Requiring the $100,000 payment would significantly undermine U.S. interests.
Requests and supporting evidence should be sent to H1BExceptions@hq.dhs.govbefore filing.
