USCIS Releases Payment Instructions for New H-1B $100,000 Fee

Key Point

• USCIS now requires a $100,000 fee for certain H-1B petitions filed on or after September 21, 2025, with payment submitted via pay.gov and proof included at filing

Payment Instructions for New H-1B $100,000 Fee

On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued further guidance for implementation of the Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This update outlines who is subject to the newly required $100,000 fee, how and when payment must be submitted and the criteria for requesting an exception.

For a detailed breakdown of the fee and its implications, visit our H-1B Fee FAQ. 

H-1B Payment Method and Submission Process

Effective September 21, 2025 at 12:01 a.m. EDT, all new H-1B petitions subject to the Proclamation must include:

• A $100,000 payment submitted electronically via pay.gov.
• Petitioners must use the designated form titled “H-1B VISA PAYMENT TO REMOVE RESTRICTION”

The payment must be completed prior to filing the H-1B petition. Petitioners should retain the payment confirmation receipt for submission.

H-1B Required Documentation at Time of Filing

Petitioners must include one of the following with the initial petition submission:

• A copy of the payment confirmation from pay.gov
• Or evidence of an approved exception from the Secretary of Homeland Security

Petitions filed without the required documentation will be denied without further review.

Refund Reminder: According to the pay.gov form, if USCIS does not approve a petition, it will issue a full refund. To ensure proper reimbursement, petitioners must enter banking information in the designated financial section and ensure it matches the payment details submitted.

Eligibility for $100,000 H-1B Fee

Effective September 21, 2025, at 12:01 a.m. EDT, the $100,000 fee applies to H-1B petitions filed on behalf of:

• Beneficiaries who are outside the U.S. and do not hold a valid H-1B visa
• Beneficiaries, inside the U.S, for whom the petition requests consular notification, port of entry notification or pre-flight inspection
• Beneficiaries for whom the petition requests a change of status, amendment or extension of stay, and USCIS determines the individual is ineligible (e.g., not in valid nonimmigrant status or departs the U.S. prior to adjudication)*

*If an H-1B employer files a petition requesting a change of status, extension or amendment, and that petition is not successful (e.g., USCIS denies or revokes), any subsequent petition would more than likely be filed for consular approval. This means the beneficiary would need to obtain a visa abroad and re-enter the U.S., which may trigger the $100,000 fee under applicable provisions.

The fee does not apply to:

• Petitions submitted prior to September 21, 2025
• Beneficiaries who currently hold a valid H-1B visa
• Petitions requesting a change of status, amendment, or extension of stay for beneficiaries inside the U.S. who are granted such relief by USCIS
• Beneficiaries who are approved for an amendment, extension of status or change of status by USCIS and later depart the U.S. to apply for a visa based on the approved petition and/or reenter on a valid H-1B visa

H-1B Exception Criteria and Submission Process

Exceptions to the $100,000 fee may be granted only in extraordinarily rare circumstances where the Secretary of Homeland Security determines:

• The beneficiary’s presence is in the national interest
• No U.S. worker is available to fill the role
• The beneficiary poses no threat to national security or welfare
• The fee would significantly undermine U.S. interests

Employers seeking an exception must submit a formal request and supporting documentation to:  H1BExceptions@hq.dhs.gov

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