U.S. Citizenship and Immigration Services (USCIS) has issued new guidance clarifying the scope of the recently announced $100,000 H-1B petition fee introduced under a September 19, 2025, White House proclamation. The clarification provides important relief for U.S.-based employers and foreign nationals already in the United States.
USCIS confirmed the $100,000 fee will not apply to H-1B petitions filed for individuals already in the U.S. This includes:
- Recent international college graduates on F-1 status changing to H-1B,
- Current H-1B employees seeking amendments, extensions, or changes of status, and
- Existing H-1B holders traveling internationally and returning to the U.S.
The fee will apply only to new H-1B petitions for workers outside the U.S. or for individuals who must leave the country before their petition is decided, including those who previously held H-1B status.
Employers may request a case-by-case exception if a worker’s presence is in the national interest and no qualified U.S. worker is available.
Varnum’s Immigration Practice Team is closely monitoring developments and will continue to provide updates as guidance evolves. Employers with pending or upcoming H-1B petitions should review their case strategy to determine whether any filings may trigger the new fee. Contact Varnum’s Immigration Practice Team with any questions.
