Breaking News: USCIS Clarifies Guidance on $100,000 H-1B Visa Fee

Nisha Karnani
Oct 22, 2025
5 min read

Updated: Dec 1, 2025

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Quick Summary: On October 20, 2025, USCIS issued updated guidance on the $100,000 H-1B visa fee. The clarification explains who may be subject to the fee, possible exemptions, and how it could impact the H-1B lottery, travel plans, and workers with TPS or DACA.

Key points:

Fee applies to: H-1B petitions filed on or after September 21, 2025, for applicants outside the US or requesting consular notification
Fee does NOT apply to: H-1B change of status, amendments, or extensions approved in the US - even if you travel later
TPS/DACA holder impacts: Limits change of status options for H-1B seekers

Questions about how the new H-1B fee affects you or your employees? Contact our Atlanta immigration attorneys at (470) 428-3200 to schedule a consultation.

At Antonini & Cohen, we know how. We fight harder.

📖 Standard Read

On October 20, 2025, USCIS updated its guidance on the $100,000 H-1B visa fee, providing much-needed clarification for most H-1B employers and beneficiaries. Partner Nisha Karnani of Antonini & Cohen Immigration Law Group explains what this means for businesses and their employees.

Antonini & Cohen Immigration Law Group closely monitors immigration policy changes to help our clients confidently navigate through their immigration journey. Contact us to schedule a consultation with one of our business immigration attorneys.

At Antonini & Cohen, we know how. We fight harder.

When the $100,000 Fee Applies

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

Is out of the US at the time of filing; or
Requests consular notification rather than a change of status in the US; or
Requests a change of status but is denied, for example, because of status violations, lack of non-immigrant status, or departure from the US while their application was pending.

When You're Exempt from the Fee

The $100,000 fee does not apply to:

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 while 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
H-1B petitions filed before September 21, 2025; or
Currently valid H-1B visas issued before September 21, 2025.

Impact on Employers and Employees

This update is good news for most employers and employees, as it 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.

Here is how we interpret the update:

The $100,000 fee does not apply to upcoming H-1B lottery cases 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.
Change of employer H-1B cases (H-1B transfers) are exempt from 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.
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. There is also a national interest exception to the $100,000 fee, but USCIS notes this should only be granted in rare circumstances.

Trusted Guidance with A&C

Whether you're preparing for the lottery, planning an H-1B transfer, or concerned about travel implications, our experienced immigration lawyers in Atlanta will guide you through the H-1B visa process. If you have any questions about how you or your employee may be affected by the $100,000 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

📚 Video Transcript

Hi, I'm attorney Nisha Karnani at Antonini & Cohen Immigration Law Group.

USCIS updated its website on October 20, 2025, regarding the $100,000 H-1B visa fee proclamation. The good news is we now have confirmation that the $100,000 fee does not apply to H-1B change of status, amendment, extensions in the US if they're approved as a change of status in the US and not consular notification, meaning getting the case approved or the status approved at the consulate.

So basically, the fee does apply to petitions filed on or after September 21, 2025, if you are approved for consular notification rather than a change of status. The good news is that if you're approved for a change of status, if you subsequently need to depart the US and re-enter with H-1B visa or status, based upon one of those change of status petitions, you should not be subject to the fee either.

So, some important takeaways. This means that the H-1B lottery should not be affected for those who are present in the US and can be approved for a change of status. Most people can be approved for a change of status if they're in the US in nonimmigrant status, like an F-1, and they don't have certain status violations. This also means that change of employer cases filed with an extension are not subject to the $100,000 fee.

This could, though, negatively impact some TPS and DACA holders, as some of those folks are not here in nonimmigrant status for purposes of a change of status. Immigration does note there's a national interest waiver exception for the $100,000 fee, but they do mention it should only be granted in rare circumstances. So, the bottom line is this does reduce a lot of stress regarding travel and the types of H-1B applications that might be subject to the $100,000 fee and the upcoming lottery. But there are still some travel risks, so you should always check with an immigration attorney before making those travel plans.

If you have questions about H-1Bs or any other US immigration issue, call us at Antonini & Cohen Immigration. We know how, and we fight harder.

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Nisha Karnani is a partner at Antonini & Cohen Immigration Law Group, where she leads the firm's business immigration team. She advises employers of all sizes – from startups to multinational corporations – on navigating complex H-1B, L-1, TN, and PERM processes. Known for her strategic solutions and hands-on guidance, Nisha helps business leaders secure the talent they need while ensuring compliance with fast-changing immigration policies.