The U.S. Citizenship and Immigration Services (USCIS) has recently published new guidance clarifying how the $100,000 fee established under the September 19, 2025 executive proclamation will be applied. According to the updated information, nearly all H-1B petitions filed for consular processing will be required to pay this fee.

Petitions Subject to the Fee

The $100,000 charge applies to any new H-1B petition submitted on or after September 21, 2025, at 12:01 a.m. EDT, for workers who are outside the United States and do not hold a valid H-1B visa. The same rule covers petitions filed on or after that date requesting consular notification, port-of-entry notification, or pre-flight inspection for an individual currently in the U.S.

If a petition filed on or after September 21, 2025 seeks a change of status, amendment, or extension of stay, and USCIS later finds that the beneficiary is not eligible for that benefit, the $100,000 fee will still apply. This includes cases where the applicant is out of valid nonimmigrant status or leaves the U.S. before USCIS finishes reviewing a change-of-status request.

Petitions and Visa Holders Exempt from the Fee

The proclamation does not cover any H-1B visas issued before September 21, 2025 or petitions filed prior to that time. Current H-1B visa holders may continue to travel internationally without triggering the new payment requirement.

In addition, petitions filed on or after September 21, 2025 that seek and are approved for a change of status, amendment, or extension for someone already in the United States will not be charged the $100,000 fee. Even if these beneficiaries later depart the U.S. and reenter using their existing valid H-1B visa, they remain exempt from the payment.