H1B Visa $100K Fee Clarification by USCIS: Who does it Impact? Renewals?

As most of you know, President Trump signed a Proclamation on Friday, September 19, 2025, that adds a $100,000 fee for H1B applicants who are outside the US and planning to enter America. Despite the guidance from USCIS and CBP on the $100K fee for H1B applicants, some areas remained ambiguous due to a lack of clear guidance.

Earlier this week, on October 20th, 2025, USCIS clarified the previously unclear areas on how the $100K fee applies to H1B applicants, including who it impacts, whether it affects renewals, and other details. This article reviews the USCIS official clarification details related to the same and addresses some common FAQs.

Background: Trump’s Proclamation – $100K Fee for H1B Applicants

Below is a brief background of the proclamation signed by President Trump:

• Trump Signs Proclamation: On September 19th, 2025, President Trump signed a Proclamation, similar to an Executive Order(EO), to address the abuse of the H1B Program and help American Workers.
• Why Proclamation Signed: The proclamation was signed primarily to address the abuse of the H1B program by Information Technology (IT) firms. Additionally, it noted that numerous American Tech Companies have conducted thousands of layoffs of their American workers while simultaneously hiring many H1B workers. 
• What does the Proclamation do to H1B Workers: As per the proclamation, the entry of H1B workers into the US is restricted. Only those H1B visa holders who have paid $100,000, unless they fall under the exceptions for national interest, are allowed to enter the US starting from the effective date of the proclamation, which is 12:01 EST on September 21, 2025. Read complete details at: H1B $100K Fee Trump’s Proclamation – How it works?

• Additional Clarification by USCIS: Despite the original guidance by CBP and USCIS, several points were unclear. Finally, this week, on October 20th, 2025, USCIS gave additional clarification addressing some of the grey areas from the previous guidance.

Let’s dive in and look at the details of the H1B Visa $100K Fee Clarification by USCIS

Who is the H1B $100K fee applicable to?

As per the latest USCIS guidance from October 20th 2025, below are the scenarios, where the $100,000 Fee would be applicable for H1B Visa applicants:

• New H1B Visa Petitions filed by Applicants Outside of the US: As per Trump’s Proclamation, the $100,000 Fee will apply to all new H1B applicants who submit a H1B Petition with USCIS at or after 12:01 AM EST on September 21st, 2025, and are outside of the US, and who do not have a valid H1B Visa.
• New H1B Petitions for Consular Notification, PoE Notification, Pre-flight inspection: The $100,000 Fee will apply to all new H1B applicants who submit a H1B Petition with USCIS at or after 12:01 AM EST on September 21st, 2025, who request Consular Notification, US Port of Entry Notification, or pre-flight inspection. Below are what each of these means:
  • Consular Notification: When an H1B petition is submitted, the employer can request consular notification in the I-129 form and specify a location. Basically, this tells that the applicant needs to get an H1B Visa stamping at a consulate outside of the US.
  • Port of Entry Notification: This is also indicated in the H1B petition’s I-129 Form to notify the relevant US Port of Entry, if the applicant plans to enter the US at a particular Port of Entry. At the Port of Entry, an I-94 is issued, and the entry status is recorded as H1B.
  • Pre-flight inspection: This is also indicated in the H1B petition’s I-129 Form to notify a pre-flight inspection location. These are some airport locations outside of the US, usch as Abu Dhabi, that have special facilities, where the CBP officers will check and issue an I-94.
• Ineligible H1B Petitions Filed by Applicants inside the US: If an applicant is inside the US and applies for extension, amendment, or change of status, and USCIS determines that such applicant is ineligible due to reasons such as not being in a valid status, or having left the US after submission, then the $100K fee applies to all such H1B applicants. This is again for H1B petitions filed with USCIS at or after 12:01 AM EST on September 21st, 2025.
  • E.g., An applicant submits an H1B petition for Change of Status, but left the US before the decision from the US, then such an applicant has to pay $100 fee as they left the US.

Below is the screenshot of the above two, as indicated in the USCIS Official Guidance Page for H1B

Who is the H1B $100K fee NOT applicable to?

As per the latest USCIS guidance from October 20th 2025, below are the scenarios where the $100K Fee would not be applicable for H1B Visa applicants:

• No Impact for H1B holders before September 21st, 2025: The proclamation does not apply to any of the H1B holders or applicants who fall under the categories below:
  • H1B holders with an approved H1B petition before 12:01 AM EST on September 21st, 2025.
  • H1B visa holders with a valid H1B visa stamp in their passport issued before 12:01 AM EST on September 21st, 2025.
• No Travel Impact for H1B Visa Holders before September 21st, 2025: The Proclamation does not impact travel of any of the H1B Visa holders, who have an H1B Visa issued before the effective date of the proclamation, which is 12:01 AM EST on September 21st, 2025. They are free to travel to the US or from the US, without any restrictions. They are not subject to the proclamation clause of paying $100K to enter the US.
• H1B Petitions filed by Applicants within the US: The $100K fee related to the proclamation does not apply to applicants who are inside the US and filing for an amendment, change of status, or extension of stay, and USCIS grants such requests ( accepts them as they are eligible) that are filed at or after 12:01 AM EST on September 21st, 2025.
• No Visa Stamping or Travel Impact for H1B Petitions approved when within the US: The proclamation does not impact anyone with an approved H1B Petition( who filed and got it approved at or after 12:01 AM EST on September 21st, 2025) who plans to apply for a H1B Visa stamping at a US Consulate or US Embassy abroad. Also, such applicants are free to travel to the US after the H1B Visa stamping without any restrictions. They are not subject to the $100K to enter the US.

Below is the screenshot of the above two, as indicated in the USCIS Official Guidance Page for H1B

When and How to Pay the $100,000 Fee to USCIS?

According to USCIS guidance, applicants required to submit a $100,000 fee must pay this amount before filing their H1B petition and submit proof of payment to USCIS along with the petition.

The $100K fee payment should be made on pay.gov using the URL: https://www.pay.gov/public/form/start/1772005176.

If an H1B petition that is subject to pay the $100K fee does not submit proof of payment or an exception from the Secretary of Homeland Security at the time of filing, then such H1B petitions would be denied by USCIS.

Exceptions for $100K Fee by the Secretary of Homeland Security

As per USCIS, the Secretary of Homeland Security can give exceptions for the $100K fee waiver for certain H1B applicants in very rare cases, where the Secretary believes that the applicant’s presence is in the national interest and there is no American available to fill such a role and such a person is not a threat to national security.

The USCIS defines no criteria for such requests. All they say is that such requests to be approved are “extraordinarily rare”. Employers can send requests to H1BExceptions@hq.dhs.gov with all the documentation as needed.

There is no blanket criterion saying that all doctors or health care workers fall under the exceptions. Also, there is nothing related to professors or researchers also included directly in exceptions.

Common FAQs

What do you think of the latest guidance? Is it clear now? What do you think of the impact? Share your thoughts in comments section below: