The U.S. Citizenship and Immigration Services (USCIS) has updated its website with important clarifications regarding the $100,000 payment requirement for certain H-1B petitions, following the recent presidential proclamation.
According to the new guidance, the Proclamation applies to new H-1B petitions filed on or after September 21, 2025, at 12:01 a.m. (EDT) for beneficiaries who are:
- Outside the United States, and
- Do not currently hold a valid H-1B visa.
Additionally, the payment applies if a petition requests a change of status or extension of stay, and USCIS determines that the applicant is not eligible for such a change because they are not in a valid nonimmigrant visa status or have departed the United States prior to adjudication.
Who is not subject to the $100,000 payment:
The Proclamation does not apply to:
- Any H-1B petitions submitted before September 21, 2025, at 12:01 a.m. EDT
- Any petitions involving beneficiaries who already hold valid H-1B visas
- Petitions requesting amendments, extensions, or changes of status for individuals inside the United States
- Beneficiaries who depart and later return on a current valid H-1B visa
How to Pay the $100,000 Fee:
Petitioners must submit the required $100,000 payment through pay.gov using the instructions provided by USCIS.
You can review the official announcement and payment instructions here:
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations