T&R Immigration News Alert - October 22, 2025

Immigration News Alert

October 22, 2025

USCIS Issues Guidance on the $100,000 H-1B Fee

USCIS has issued new guidance on the $100,000 H-1B fee, clarifying who is subject to it, how to pay, and the rare qualifications for exceptions to the surcharge. This follows the President’s proclamation on September 19, 2025, instituting a surcharge of $100,000 on new H-1B visa petitions submitted on or after September 21, 2025, including those for the 2026 H-1B lottery.

Who Is Subject to the $100,000 Fee?

• New H-1B petitions submitted on or after September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.
• New H-1B petitions filed on or after September 21, 2025, that request consular notification, port of entry notification, or pre-flight inspection for a foreign national in the United States. 

Who Is NOT Subject to the $100,000 Fee?

• Persons who already hold a valid, unexpired H-1B visa, even if located abroad at the time of filing.
• Petitions submitted prior to September 21, 2025, regardless of whether person is abroad or not.
• Current H-1B visa holders and approved petition beneficiaries traveling in and out of the United States, even if they need to apply for a new H-1B visa.
• Petitions for amendments, change of status (e.g., changing from F-1 student status to H-1B), or extensions of stay granted to foreign nationals inside the United States.

How To Pay

• The $100,000 payment should be submitted via pay.gov.
• If the H-1B petition is denied, the new online form indicates that the fee will be refunded.

National Interest Exceptions

• The Secretary of Homeland Security may grant exceptions in “the extraordinarily rare circumstance” when:
• The beneficiary’s presence is in the U.S. national interest,
• No American worker is available for the role,
• The beneficiary poses no security threat to the U.S.,
• The payment would undermine U.S. national interests.
• Requests for the exceptions are submitted to H1BExceptions@hq.dhs.gov. Requests should clearly demonstrate how the individual’s work serves a demonstrable national interest and why payment of the surcharge would materially harm U.S. interests.

Prospective Changes to the H-1B Program

• The Department of Labor is likely to implement a rule to revise and raise the prevailing wage levels to strengthen the H-1B program.
• The Department of Homeland Security (DHS) will likely introduce a rule to prioritize high-skilled, high-paid foreign nationals in the H-1B lottery over those at lower wage levels.
• Additional reforms are also under consideration and are expected to be announced in the coming months. 

Key Takeaways

• The fee does not apply to in-country petitions for amendments, changes of status, or extensions, provided the request is granted.
• Any holder of a current, valid H-1B visa status can travel in and out of the United States without incurring the $100,000 fee.
• The fee proclamation is expected to primarily affect new H-1B beneficiaries applying from abroad in the next fiscal year’s lottery.
• The national-interest exception exists but will be granted only in the rarest circumstances.

We will continue to provide updates on this and other emerging changes to immigration laws that affect our clients. Please contact T&R if you have any questions or concerns.