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On September 21, 2025, it was announced that the entry into the United States of foreign nationals as nonimmigrants to perform services in an H-1B specialty occupation was restricted, except for those foreign nationals whose petitions are accompanied or supplemented by a payment of $100,000. No guidance was given concerning who would be affected, who would administer this fee, and when and how it would be paid.

Since the initial proclamation, the U.S. Citizenship and Immigration Service (USCIS) has provided additional guidance: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations.

Key takeaways from this new guidance:

Criteria for when the fee is required:

• The fee applies to new H-1B petitions filed on/after September 21, 2025, on behalf of beneficiaries who are outside the US and do not have a valid H-1B visa.
• The fee applies if an H-1B petition requests consular notification, port of entry notification, or pre-flight inspection for a foreign national in the US.
• The fee will be required if an H-1B petition is approved by USCIS but the change or extension of status is denied or the foreign national leaves the US while the petition is pending.

 

Criteria for when the fee is NOT required:

• The fee does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to September 21, 2025.
• The fee does not prevent any holder of a current H-1B visa, or any H-1B beneficiary following petition approval, from traveling in and out of the United States.
• The fee does not apply to a petition filed on/after September 21, 2025, that requests an amendment, change of status, or extension of stay for a beneficiary inside the US where the beneficiary is granted such amendment, change, or extension.
• Further, an H-1B beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the US and applies for a visa based on the approved petition and/or seeks to reenter the US on a current H-1B visa.

 

Paying the $100,000 Fee

• Payment of the required $100,000 fee will be done via the government’s pay.gov website: https://www.pay.gov/public/form/start/1772005176.
• The passport information entered into the payment form must match the passport used by the beneficiary upon entry into the US.
• Petitions subject to the fee must be accompanied by proof of payment or they will be denied.
• The fee will be refunded to the petitioner if the petition is denied.

 

National Interest Exceptions:

If subject to the $100,000 fee, the petitioner may request a national interest exception by sending a request with supporting evidence to H-1BExceptions@hq.dhs.gov. Exceptions are granted by the Secretary of the Department of Homeland Security (DHS) in “extraordinarily rare circumstances” where it is determined that:

• The particular H-1B worker’s presence in the US is in the national interest;
• No American worker is available to fill the role;
• The H-1B worker does not pose a threat to the security or welfare of the US; and
• Requiring the petitioning employer to remit the $100,000 payment for the H-1B worker would significantly undermine the interests of the United States.

No guidance or comments have been given concerning what will be required to document the four points for a national interest exception to be granted.

With the current government shutdown and this new fee in-effect, now is the time to review whether your company has potential cases that could be subject to this fee, and seek alternative options.

Set up a consultation with the Law Office of Jacqueline Lentini, LLC by calling 630-262-1435 or email jacki@lentinivisas.com.