$100,000 H-1B Filing Fee
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USCIS Clarifies Scope of $100,000 H-1B Filing Fee Under Presidential Proclamation

Maggio Kattar

Who Must Pay The $100,000 H-1B Filing Fee

Under the recent presidential proclamation, a $100,000 surcharge will apply to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025 if:

  • The beneficiary is outside the United States at the time of filing, and
  • The beneficiary does not already hold a valid, unexpired H-1B visa in their passport.

This includes both cap-subject and cap-exempt H-1B petitions when the above conditions are met. The surcharge will be due at filing, unless the Department of Homeland Security later provides alternate payment procedures.

Who Is Not Subject to the $100,000 Surcharge

The surcharge does not apply to petitions where:

  • The beneficiary is inside the United States in an eligible and valid nonimmigrant status (for example, F-1, H-1B, or another status) and the employer requests a change of status, extension, amendment, or change of employer;
  • The beneficiary already holds a valid, unexpired H-1B visa, even if located abroad at the time of filing; or
  • The petition was received by USCIS before 12:01 a.m. EDT on September 21, 2025. (USCIS receipt date, not mailing date, controls.)

If USCIS later determines that a petitioning employer or worker was ineligible for an in-country change, amendment, or extension, or if the beneficiary departs the United States before adjudication and instead seeks consular processing, the surcharge may then be assessed retroactively.

Ongoing H-1B Qualification Rules Still Apply

All H-1B petitions—whether or not subject to the surcharge—must still satisfy existing program requirements, including:

  • A certified Labor Condition Application (LCA) from the U.S. Department of Labor;
  • A qualifying specialty occupation position under 8 C.F.R. § 214.2(h)(4); and
  • Proof that the beneficiary meets the position’s minimum requirements through education and/or experience.

Employers must continue to comply with all wage, posting, and public access file obligations.

Exception Requests Under the “National Interest” Standard

USCIS has confirmed that exceptions to the $100,000 payment may be granted only in extraordinarily rare circumstances, as determined by the Secretary of Homeland Security. To qualify, the Secretary must find that:

  • The individual’s presence in the United States as an H-1B worker is in the national interest;
  • No U.S. worker is available to fill the role;
  • The individual poses no threat to the security or welfare of the United States; and
  • Requiring the payment would significantly undermine the interests of the United States.

Petitioning employers who believe their case meets this high threshold may submit an exception request, with supporting evidence, to: H1BExceptions@hq.dhs.gov

Requests should clearly explain how the individual’s work serves a demonstrable national interest and why payment of the surcharge would materially harm U.S. interests.

Key Takeaway

In most cases, the new $100,000 surcharge will apply only to new H-1B petitions filed for beneficiaries outside the U.S. without a valid visa. Employers filing change-of-status or extension petitions for workers already in the United States, or any petitions received by USCIS before September 21, 2025, are not subject to this fee. The national-interest exception exists but will be granted only in the rarest circumstances.