USCIS has issued significant updates regarding the $100K H-1B fee. The agency has clarified that the fee does not apply to the following situations:
- H-1B amendments
- H-1B changes of status
- H-1B extensions of stay
Based on a plain reading of the new guidance (H-1B Specialty Occupations | USCIS), individuals currently in the U.S. on F-1 student status will not be subject to the $100K fee if they apply for a change of status from F-1 to H-1B during the next lottery cycle in 2026.
Additionally, USCIS has stated that an H-1B holder will not be required to pay the $100K fee if they later depart the United States and apply for a visa based on an approved petition, or if they seek to reenter the U.S. using a valid H-1B visa. This clarification helps address earlier concerns that international travel might trigger the fee.
USCIS has also launched a payment portal for the $100K fee, which will require payment via bank transfer or ACH.
Finally, USCIS appears to allow fee exemption requests on a case-by-case basis. Requests can be submitted to H1BExceptions@hq.dhs.gov. However, it remains unclear whether such requests should be submitted before, concurrently with, or after the H-1B petition filing. The only published criteria for the exemption state that the H-1B worker must be “in the national interest,” that “no American worker is available to fill the role,” that “the alien worker does not pose a threat to the security or welfare of the United States,” and that “requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.”
We now know more than we did a month ago when the proclamation was first issued; however, the situation remains fluid. The latest guidance appears to partially conflict with the proclamation. Since its publication, at least two lawsuits have been filed in federal court challenging the legality of the proclamation. We will continue to monitor these cases, as well as future USCIS guidance, and provide updates as new information becomes available.
If you have any questions, please do not hesitate to contact Jared Leung at jleung@jclimmigration.com.