Overview
- USCIS clarified the proclamation does not cover previously issued or currently valid H‑1B visas or any petitions filed before 12:01 a.m. ET on September 21, 2025.
- The fee is not required for in‑country cases requesting a change of status, extension, or amendment, and current H‑1B holders may continue to travel without new payment obligations.
- Employers must pay $100,000 only when sponsoring new H‑1B beneficiaries outside the United States or when a petition seeks consular processing, with payment made via pay.gov and proof included at filing.
- If USCIS finds an applicant ineligible for a change of status or extension, the employer becomes subject to the fee; extraordinarily rare exemptions may be granted by the Homeland Security secretary.
- Legal challenges are underway, including a U.S. Chamber of Commerce lawsuit, as industry groups warn the cost could deter sponsorship and accelerate outsourcing, with Indians—who account for roughly 70% of H‑1B recipients—most exposed.