Overview of the New H-1B Fee Rule
On September 19, 2025, the President issued a Proclamation on the Restriction on Entry of Certain Nonimmigrant Workers, introducing a new $100,000 payment requirement for specific H-1B petitions filed on or after September 21, 2025. On October 20, 2025, the USCIS posted some clarifications for the implementation of this new fee.
The additional fee applies primarily to new H-1B filings for beneficiaries outside the United States or without a valid H-1B visa, as well as certain cases requesting consular or port-of-entry notification. It does not apply to previously issued H-1B visas, extensions, amendments, or in-country changes of status that are approved.
To help you determine whether this new fee applies to your case, please review our H-1B Presidential Proclamation chart outlining covered and exempt scenarios.
If you have any questions about how this change affects your current or future filings, please contact your immigration case manager for guidance at success@lighthousehq.com.
Fee Applicability Scenarios
| Scenario | Inside or Outside U.S. | Type of Filing | Outcome / Situation | $100,000 Payment Applies? | Notes |
|---|---|---|---|---|---|
| 1 | Outside U.S. | “New Employment”, consular petition | Filed on or after Sept. 21, 2026 | ✅Yes | Explicitly covered under the Proclamation. |
| 2 | Inside or outside U.S. | “New Employment”, consular petition | Seeks visa stamping abroad or entry at POE | ✅Yes | Payment required as a condition of eligibility. |
| 3 | Inside U.S. | COS / Amendment / Extension | USCIS denies COS eligibility; foreign national approved as Consular | ✅Yes | Must pay per USCIS instructions after determination. |
| 8 | Outside U.S. | New petition | Seeks new H-1B visa | ✅Yes | Falls directly under applicability clause. |
| 4 | Inside or outside U.S. | Any type | Submitted prior to effective time | ❌No | Grandfathered in; payment not required. |
| 5 | Outside U.S. | N/A | Traveling or reentering the U.S. | ❌No | Existing H-1Bs unaffected. |
| 6 | Inside U.S. | Extension / Amendment / COS | Approved | ❌No | Covered under explicit exemption in the Proclamation. |
| 7 | Both | Follow-up action | Applies based on valid in country approval | ❌No | Not subject even if travel occurs after Sept. 21, 2026. |
| 9 | Inside U.S. | Change / Extension / Amendment | Valid status maintained | ❌No | Exempt if in valid nonimmigrant status and petition approved. |
| 10 | Inside U.S. | Change of status | Approved | ❌No | Payment not required when COS is granted. |
How to Pay & Exceptions
How to pay the fee: https://www.pay.gov/public/form/start/1772005176
Fee must be paid PRIOR to filing a petition with the USCIS - must include proof of payment with filing
Exceptions must be in the national interest: Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov.