H-1B $100K Fee Update

USCIS updated its website on October 20, 2025 regarding the $100,000 H-1B visa fee proclamation, stating that:

The fee applies to H-1B petitions filed on or after September 21, 2025, for a foreign national:

(1) who is out of the US at the time of filing; or

(2) who requests consular notification (rather than a change of status in the US); or

(3) who requests a change of status and is denied (for example, because of status violations, lack of non-immigrant status, or because they departed the US when their application was pending).

Moreover, the $100,000 fee does not apply to:

1. H-1B petitions filed on or after September 21, 2025, for a foreign national who is approved for an H-1B change of status, amendment, or extension in the US (even if they subsequently depart the US and apply for a visa based upon that approved petition and/or seek to re-enter the US on a current H-1B visa); or

2. H-1B petitions filed before September 21, 2025; or

3. Currently valid H-1B visas issued before September 21, 2025.

Important Takeaways:

1. We interpret this to mean the $100,000 fee does not apply to the upcoming H-1B lottery cases that can be filed when the foreign national is in the US and can be approved as a change of status. Most cases can be approved as a change of status where the applicant is in the US in nonimmigrant status (such as F-1) and has no status violations.

2. We interpret this to mean change of employer H-1B cases (a.k.a. H-1B transfers) are not subject to the $100,000 fee as long as they can include an extension request and can be approved in the US (and not via consular notification). Most cases can be approved in the US and include an extension, as long as the foreign national is in the US.

3. This could negatively impact some TPS and DACA holders seeking H-1B status, as change of status options can be limited in some (but not all) of these cases.

4. There is also a national interest exception to the $100,000 fee, but US CIS notes this should only be granted in rare circumstances.

5. This update significantly reduces the number of foreign nationals subject to the $100,000 fee, and alleviates travel risks for a lot of H-1B holders. H-1B holders should consult an experienced Antonini & Cohen immigration attorney to assess travel risks nonetheless.

If you have any questions about how you or your employee may be affected by the $100,00 fee, contact Antonini & Cohen today to schedule your consultation. At Antonini & Cohen, we know how. We fight harder.

For more information: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations