The U.S. Department of Homeland Security has issued a detailed clarification on the newly introduced $100,000 H-1B visa application fee, resolving weeks of confusion among employers and visa applicants.
According to the updated guidance, the fee applies only to new H-1B petitions filed on or after September 21, 2025, specifically for beneficiaries residing outside the United States who do not currently hold valid H-1B status.
This means that most existing H-1B visa holders and employers filing for extensions, amendments, or changes of employer are exempt from paying the hefty amount. Similarly, individuals applying for a change of status within the U.S. (for instance, from F-1 student to H-1B) are also not required to pay this fee.
The clarification further states that petitions filed before the September 21 deadline are unaffected, even if adjudication occurs later. However, if an applicant departs the U.S. before the change of status is approved, the fee could still be imposed.
Employers required to pay must do so through the official federal payment portal (pay.gov) and include proof of payment with their petition. Any petition submitted without valid payment documentation may face rejection.
While the fee is mandatory for most new overseas applicants, limited exemptions may be granted in exceptional circumstances — such as when the job serves national interests, involves unique skills unavailable in the U.S., or when imposing the fee would harm U.S. economic or security priorities.
This clarification offers much-needed relief to U.S. employers and existing H-1B professionals, ensuring that the financial burden is largely confined to new foreign hires entering the U.S. workforce.
