Guidance on New "$100,000 Fee" for H-1B Visas

Regarding the $10 million fee for H-1B visa announced in September 2025, USCIS released more information on its official website on October 20, 2025. The following are the main points.  https://www.pay.gov/public/form/start/1772005176

■ The fee will be required for any petition filed after 12:01 am EDT on September 21, 2025, so long the following criteria are met:

• Beneficiary is currently outside of the United States AND does not have a valid H 1B visa; 
• Consular notification was the “requested action” selected on the submitted I-129; OR
• USCIS approves the petition but denies the change or extension of status, or the beneficiary departs the U.S. while the petition is pending.

On the other hand, the fee will not be required in the following circumstances:

• Any petitions filed before 12:01 AM EDT on September 21, 2025;
• Petitions in which a COS, EOS or amendment is the requested action and the request is granted;
• Visa applications pursuant to H-1B petitions that have been approved as a COS/EOS/Amendment; OR
• Admissions pursuant to a new visa issued based on an approved COS/EOS/Amendment petition or pursuant to a “current valid H-1B visa.”

■ A new $100k fee payment website has been established.

Petitioners must submit the required $100,000 payment using pay.gov prior to filing, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176

■ The fee will be refunded to the petitioner if the petition is denied according to the online payment form.

• Requests for a national interest exception along with supporting evidence must be emailed to H1BExceptions@hq.dhs.gov and are granted by Secretary of DHS in the “extraordinarily rare circumstances” where the Secretary determines that:
• A particular beneficiary’s presence in the United States as an H-1B worker is in the national interest;
• No “American” is available to fill the role;
• Requiring the petitioning employer to make the payment on the foreign national’s behalf would significantly undermine the interests of the United States; AND
• Beneficiary does not pose a threat to the Security or welfare of the United States.  

■ Unclear points

The USCIS guidelines mention only an exception for particular aliens. While President Trump has previously suggested the possibility of exceptions at the industry or occupation level, the current guidelines do not address whether a national interest exception (NIE) for an entire company or industry would be allowed and how such an exemption could be obtained.  It was also not clear how long it would take to review NIE applications, or whether there would be an express review process in the event of a business emergency or RFE (request for additional evidence). The $100,000 fee could significantly limit new H-1B from abroad and is expected to have a significant impact on U.S. companies. However, the details of the exception application and scope of application are unclear at this time, and future USCIS guidance will be closely watched.