H-1B Visa $100,000 Fee – FAQs
Q1: Who does this fee apply to?
A: The $100,000 payment applies to H-1B petitions for foreign nationals outside the U.S. seeking entry. It does not mention workers already in the U.S. on H-1B, extensions, or change of status petitions filed inside the U.S.
Q2: When does the fee take effect?
A: 12:01 a.m. EDT on September 21, 2025.
Q3: How long is the fee requirement valid?
A: The proclamation is initially effective for 12 months. Unless extended, it will expire at 12:01 a.m. EDT on September 21, 2026.
Q4: Does it apply to petitions filed before the effective date?
A: Yes. Even petitions approved before September 21 are subject to the $100,000 payment requirement if the worker has not yet entered the U.S. Entry on or after 12:01 a.m. EDT on September 21 will be prohibited without payment.
Q5: Who pays the fee?
A: The employer/petitioner must submit the $100,000 payment along with the petition for approval. Employees do not pay the fee.
Q6: Is the fee annual or per petition?
A: The fee is per petition requiring entry from abroad. Extensions or new petitions filed abroad will trigger the fee again.
Q7: Does it apply to change of status inside the U.S.?
A: No. Change of status and extensions filed with USCIS inside the U.S. are not mentioned to be affected.
Q8: Are there exceptions?
A: The Secretary of Homeland Security may waive the fee if admitting the worker is deemed in the national interest. This is discretionary and may require additional documentation.
Bottom Line:
Starting 12:01 a.m. EDT, September 21, 2025, H-1B petitions requiring entry from outside the U.S. will face a $100,000 per-petition fee, valid for 12 months. Employers must submit this payment to allow entry.