HR Guide: USCIS Clarification on H-1B $100K Fee

We are still getting clarifications on the unknowns, and this article will be updated as more credible information becomes available.

When the White House first announced a $100,000 fee for new H-1B filings on September 19, 2025, HR leaders and employers across the country were left scrambling to understand what it actually meant. Now, with the H-1B $100K fee USCIS clarification published, there is finally more detail on who is affected, who is not, and what remains uncertain.

This article explains what the USCIS update means for employers and HR teams and how to prepare strategically.

H-1B $100K Fee USCIS Clarification: Who Is Impacted

1. New H-1B petitions filed on or after September 21, 2025

If the petition is for someone outside the United States who does not already have a valid H-1B visa, the employer must pay the $100,000 fee. This includes cases where the petition requests consular processing or port-of-entry notification, meaning the person plans to enter the United States based on an approved petition rather than changing status within the country.

2. Certain cases where change of status is denied

If an employer files a change of status (for example, from F-1 to H-1B) and the worker is found ineligible (for example, the student’s status expired or they left the United States before approval), the $100K fee applies if the person later seeks to enter the United States on that approval.

Who Is Not Impacted by the H-1B $100K Fee USCIS Clarification

1. Anyone with a valid H-1B petition filed before September 21, 2025

Renewals, amendments, and extensions for current H-1B holders are not subject to the new fee. These employees can continue working and traveling as usual.

2. Petitions approved for employees already inside the United States

If an H-1B petition is approved as a change of status, extension, or amendment, and the individual is already in the United States, the $100K fee does not apply, even if that person later travels internationally using the same visa.

3. H-1B transfers

Employees who already have an H-1B and are changing employers (cap-exempt transfers) are not impacted. These cases will continue under regular processing rules.

What HR Leaders Should Do Now: Strategic Response to the H-1B $100K Fee USCIS Clarification

• Review your employee roster: Identify any employees or candidates who are on OPT, STEM OPT, or other temporary work authorization and may require new H-1B filings next year.

  • IMPORTANT: F-1 students currently in the U.S. who get selected in the lottery should apply for a change of status and not consular processing. They should NOT DEPART THE U.S. until their cases are approved.

• Advise employees to make informed travel decisions: Until the rule and its implementation are fully settled, employees planning international trips should coordinate with HR and immigration counsel before leaving the United States.

• Coordinate with legal counsel: Ask your immigration partner to confirm which of your petitions are considered “new filings” versus “extensions” or “transfers.”

• Communicate clearly with employees: Emphasize that renewals, transfers, and current H-1B holders are unaffected. The biggest impact will be on new applicants currently outside the US.

• Re-budget for foreign nationals outside the US: For new international hires, budget for the $100,000 fee and explore exception eligibility early.

What Is Still Unclear After the H-1B $100K Fee USCIS Clarification

1. Pending petitions near the effective date

It is not clear how USCIS will handle cases filed close to September 21 if processing delays occur or if approval dates fall after the deadline.

2. Litigation outcomes

Several lawsuits have been filed challenging the legality of the proclamation. A court injunction could delay or block the $100K fee entirely, but there is no definitive timeline for rulings.

3. National interest exceptions

USCIS has confirmed that exceptions will be “extraordinarily rare” and determined by the Secretary of Homeland Security. No specific guidance yet exists on what qualifies.

4. Consular coordination

Questions remain about how U.S. consulates will verify fee payment and what happens if a worker appears for a visa interview without proof of payment.

Bottom Line: What the H-1B $100K Fee USCIS Clarification Means for HR

USCIS has confirmed that the $100K fee applies narrowly to new H-1B petitions filed on or after September 21, 2025, primarily affecting candidates outside the United States or without valid H-1B status.

For HR teams, the best next step is to stay close to counsel, track potential new H-1B cases early, and keep employees informed as litigation progresses.

The landscape is still shifting, but for now, most active H-1B employees and employers can continue business as usual with one eye on the courtroom.

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This article is for informational purposes only and does not constitute legal advice. Immigration policies and agency guidance can change quickly, especially when subject to litigation or new presidential proclamations. Employers and HR leaders should consult qualified immigration counsel before making any decisions related to H-1B filings, visa sponsorship, or employee travel.