Trump's $100,000 H-1B visa fee starts now — here's who must pay and who won't

The US Citizenship and Immigration Services ( USCIS) has issued detailed guidance following President Donald Trump’s September 19 proclamation that introduced a $100,000 additional payment requirement for certain H-1B visa petitions. The proclamation, effective from September 21, 2025, aims to reform the H-1B nonimmigrant visa program and restrict the entry of specific foreign workers.

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Under the new directive, any H-1B petition filed at or after 12:01 a.m. Eastern Daylight Time on September 21 must include proof of the $100,000 payment through pay.gov or evidence of an approved exception. Petitions lacking this documentation will be denied.

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USCIS Clarifies Scope of Fee Applicability
According to USCIS, the $100,000 fee applies only to new petitions for beneficiaries outside the United States without a valid H-1B visa. The rule also extends to cases requesting consular or port-of-entry notifications. However, the fee does not apply to amendment, change of status, or extension of stay petitions for individuals already inside the country.

Dan Berger of Green & Spiegel noted, “It says the fee only applies to cases filed for people outside the United States, so they can come in. Employers were nervous about doing change of status because the $100k might apply if they travel.”

USCIS further clarified that existing H-1B visa holders or approved petition beneficiaries can travel without being subject to the new payment, provided their petitions were filed before the effective date.

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Exceptions and Fee Payment Procedure
USCIS has outlined that employers must make payments via pay.gov using a designated form labeled “H-1B VISA PAYMENT TO REMOVE RESTRICTION.” However, exceptions will be granted only in “extraordinarily rare” circumstances.

According to the agency, “Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is 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.”

Employers seeking an exception must submit evidence to H1BExceptions@hq.dhs.gov

Legal Pushback
The proclamation has stirred significant debate among US employers and advocacy groups. The US Chamber of Commerce has filed a lawsuit challenging the fee, following an earlier case lodged by multiple plaintiffs on October 3. Many businesses argue the steep cost could deter hiring foreign professionals and harm innovation.

The H-1B visa remains one of the few channels allowing highly skilled foreign nationals—especially graduates from US universities—to work long-term in the country. Each year, 65,000 visas are issued under the cap, with an additional 20,000 reserved for advanced degree holders.

While the new guidance provides some clarity, immigration experts believe it will continue to burden employers and raise uncertainty around global recruitment strategies.