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Immigration Service Issues Guidance On Who Pays The $100,000 H-1B Fee

USCIS clarifies fee payment rules and exemption criteria for the $100,000 H-1B visa fee amid employer confusion and legal challenges.

  • On October 20, 2025, U.S. Citizenship and Immigration Services issued new guidance clarifying who pays the $100,000 H-1B fee and how petitioners must submit payment via pay.gov form 1772005176.
  • The September 19, 2025 presidential proclamation includes a $100,000 fee for new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 for beneficiaries outside the United States.
  • USCIS noted the fee excludes granted changes of status for aliens inside the United States, but it applies if the foreign national beneficiary departs before adjudication or is found ineligible.
  • Employers are nervous about the fee's reach as the $100,000 payment might apply if workers travel, while legal challenges were filed October 3, 2025 and October 16, 2026.
  • The Secretary of Homeland Security retains discretion to exempt individuals if hiring serves the national interest and does not threaten U.S. security or welfare; USCIS calls exceptions `extraordinarily rare` and directs petitioning employers to H1BExceptions@hq.dhs.gov.
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This week officially began the application of the new $100,000 cost for the H-1B visa with limited exceptions, USCIS reported

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Forbes broke the news in United States on Monday, October 20, 2025.
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