On Monday, October 20, 2025, USCIS provided additional details on the H-1B Presidential Proclamation requiring employers to pay $100,000 before filing certain H-1B visa petitions. Read more about that proclamation here.
The main takeaway is that H-1B petitions filed as a “change of status” within the U.S. are not subject to the fee. For example, an F-1 to H-1B change of status petition filed during the H-1B cap season would be exempt from the $100,000 fee.
Payment Requirements:
- Payment must be made before filing the H-1B petition
- Payments must be submitted via pay.gov: https://www.pay.gov/public/form/start/1772005176
- Proof of payment (or approved exception) must be included with the USCIS filing
- Petitions lacking proof of payment or an exception will be denied
National Interest Exceptions: The Secretary of Homeland Security may grant exceptions only in rare circumstances when all the following criteria are met:
- The H-1B worker’s presence in the U.S. is in the national interest
- No qualified U.S. worker is available for the position
- The worker poses no threat to U.S. security or welfare
- Requiring payment would significantly undermine U.S. interests