As an employment-based immigration attorney, I regularly advise U.S. employers on H-1B strategy, compliance, and workforce planning. My practice includes preparing and filing H-1B petitions, extensions, amendments, and change of status cases, as well as counseling companies on evolving USCIS policy developments.
The new $100,000 H-1B fee does not apply to change of status, extensions of stay, amendments, or later visa stamping after in-U.S. approval. It primarily affects certain new H-1B petitions requiring entry where the beneficiary is outside the United States.
On September 19, 2025, the government introduced a $100,000 supplemental payment tied to certain H-1B cases. Understandably, this caused immediate concern among employers and foreign professionals.
Now, USCIS has issued important clarification — and the scope is narrower than many initially feared. On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued formal implementation guidance about the Presidential Proclamation that introduced the $100,000 payment requirement. Employers planning a new H-1B petition should review the requirements carefully: USCIS H-1B Implementation Guidance
Here’s what you need to know.
First, What Is the $100,000 H-1B Payment?
The supplemental payment requirement applies to certain H-1B beneficiaries who are seeking entry into the United States under specific conditions.
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 at the time of filing the petition;
- 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.
This is not a standard USCIS filing fee increase. It is a separate payment requirement tied to entry in H-1B classification under the presidential proclamation authority. But the key word — and the key limitation — is entry.
Major Clarification: It Does Not Apply to Change of Status or Extensions
USCIS has confirmed that the $100,000 payment does not apply to:
- Change of status petitions filed inside the United States
- Extensions of stay filed for individuals already in H-1B status
- Amendments filed while the beneficiary remains in the U.S.
If the H-1B petition is filed and approved while the individual is lawfully present in the United States, and no entry is required, the supplemental payment is not triggered.
Practical Examples:
✔ An F-1 student changes status to H-1B without leaving the U.S.
✔ An H-1B employee files a three-year extension while remaining in the U.S.
✔ An H-1B amendment is approved for a worksite change.
In these cases, the H-1B $100,000 payment does not apply.
Even More Important: Later Visa Stamping Does Not Re-Trigger the Fee
One of the biggest questions was this:
If someone changes status to H-1B inside the U.S. and later travels abroad to obtain an H-1B visa stamp, does the H-1B $100,000 payment apply at that point?
USCIS has clarified: No.
If:
- The H-1B petition was properly filed and approved in the United States as a change of status or extension; and
- The individual later departs and applies for an H-1B visa at a U.S. consulate;
The supplemental H-1B 100K payment does not become due simply because the individual is now seeking a visa stamp or reentering the U.S.
This clarification significantly reduces long-term uncertainty for employers and employees.
So Who Is Potentially Affected?
The $100,000 H-1B payment primarily affects certain H-1B beneficiaries who:
- Are outside the United States; and
- Require entry based on a petition filed after the effective date; and
- Do not fall within a recognized exception.
In practical terms, this generally impacts new consular processing cases involving individuals who must enter the U.S. to activate H-1B status.
It does not retroactively apply to individuals who already hold valid H-1B status inside the country.
What Employers Should Take Away
The clarifying guidance provides meaningful relief:
- Existing H-1B employees extending status are not affected.
- Change of status cases inside the U.S. remain viable without added cost.
- Later business travel does not automatically create a six-figure exposure.
That said, employers sponsoring new overseas hires should carefully evaluate:
- Where the employee is located at filing
- Whether entry is required
- Whether alternative visa classifications may be appropriate
Strategic workforce planning remains essential.
What Foreign Nationals Should Know
If you:
- Changed status to H-1B inside the U.S., or
- Extended your H-1B while remaining in the U.S.,
you are not subject to the $100,000 payment.
And importantly:
Traveling later for visa stamping does not create a new obligation under the clarified guidance.
This removes a significant source of anxiety that initially surrounded the announcement.
The Bottom Line
The initial reaction to the $100,000 H-1B payment requirement was widespread concern. However, USCIS has now clarified that the rule is far more limited than many assumed.
It does not apply to:
- Change of status
- Extensions of stay
- Amendments
- Later visa stamping following an in-U.S. approval
It is primarily tied to certain new H-1B entry situations.
As always in immigration law, the specific facts matter. Employers and foreign professionals should evaluate case strategy carefully — but the clarification provides important stability for those already inside the United States.
If your company is planning an H-1B filing — or if you are an H-1B professional navigating travel or extension decisions — consult experienced immigration counsel to assess how the current guidance applies to your specific situation.
National Interest Exceptions: Extremely Narrow and Highly Discretionary
USCIS has confirmed that a National Interest Exception (NIE) is available — but only in what the government describes as “extraordinarily rare circumstances.”
Requests must be emailed to: H1BExceptions@hq.dhs.gov
The authority to grant an exception rests solely with the Secretary of Homeland Security. This is not a routine waiver process. It is discretionary and expected to be uncommon.
Employers should understand:
- The National Interest Exception is not intended to be routine.
- The burden appears to be extremely high.
- The analysis likely goes well beyond company-specific need.
- There is no guarantee of approval.
To qualify for a National Interest Exception to the $100,000 H-1B fee, employers must demonstrate that the beneficiary’s presence serves the national interest, that no U.S. worker is available, that payment would significantly undermine U.S. interests, and that the beneficiary poses no security risk. USCIS has not issued detailed evidentiary standards for meeting this burden.
This is not a substitute for strategic planning around change of status, extensions, or alternative visa categories. Perhaps most importantly: There is no published guidance explaining how to structure a National Interest Exception request.
View the Official Federal Register Notice (90 FR 46027) — regarding the $100,000 H-1B entry requirement: here
Frequently Asked Questions About the $100,000 H-1B Fee
Does the $100,000 H-1B fee apply to change of status?
No. USCIS confirmed that the fee does not apply to H-1B change of status petitions filed and approved inside the United States.
Does the fee apply to H-1B extensions?
No. Extensions of stay for individuals already in H-1B status are not subject to the supplemental payment.
If I travel after a change of status, will I owe the fee?
No. USCIS clarified that later visa stamping does not trigger the fee if the H-1B was approved in the U.S.
Who must pay the $100,000 H-1B fee?
It generally applies to certain new H-1B petitions requiring entry where the beneficiary is outside the U.S. and does not hold a valid H-1B visa at the time of filing the H-1B petition.
Have questions about how the $100,000 H-1B payment requirement may affect your company or your immigration status?
Contact Burgos Law to schedule a strategy session and receive personalized guidance tailored to your specific case. Whether you are an employer planning an H-1B filing or a foreign professional navigating status, travel, or extension decisions, proactive planning is essential in today’s evolving immigration landscape. Learn more about H-1B Visas: here
Published: February 17, 2026
Written by Attorney Alice Burgos, Founder of Burgos Law
Attorney Burgos has prepared and overseen numerous H-1B petitions for U.S. employers across a range of industries, including technology, healthcare, finance, and professional services. She advises companies on compliance with USCIS regulations, prevailing wage requirements, and federal policy changes affecting employment-based visas.
With a deep understanding of federal immigration policy and real-world business impact, she provides strategic, detail-oriented guidance to help clients navigate regulatory changes with confidence and clarity.
