Extensions, Amendments and Change of Status H-1B Filings Exempted
The USCIS has clarified on October 20, 2025, regarding who will be subject to the new $100,000 fee for an H-1B visa as per the Presidential Executive Proclamation of September 19, 2025. While the guidance provides clarifications for most instances, it still leaves some aspects unclear.
NOT Subject to the Fee:
The $100,000 fee will not apply to previously issued and currently valid H-1B visas, or any petition submitted prior to September 21, 2025. Holders of current H-1B visas will be able to travel in and out of the United States without being subjected to the $100,000 fee.
Amendment, Change of Status, or Extension of Stay Petitions filed before or after September 21, 2025, will also not be subject to the fee. This includes change of employer petitions and applies only in instances where the USCIS approves such petitions. Beneficiaries with such approved petitions can apply for a visa or seek to reenter on a previously issued valid visa without being subject to the fee. The notable exception is if a change of status is applied for but denied and the USCIS instead approves it for consular notification, then the fee will apply. There may also be instances where Extension of Stay or Amendment petitions may trigger the $100,000 fee if the change requested is not approved but the underlying H-1B may be approved only on payment of the fee. In such cases it is uncertain whether a previously issued H-1B visa with provide an exemption.
Subject to the Fee:
Any new H-1B petitions filed on or after September 21, 2025 at 12:00 am EDT for beneficiaries who are outside the United States and do not have a valid visa or any beneficiary whose petition is filed for Consular notification, irrespective of whether they are inside or outside the United States.
The USCIS states that denied H-1B petitions for which the $100,000 fee has been paid will be eligible for a refund. This proclamation is being challenged in the Courts.
Please feel free to contact USILAW with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at info@usilaw.com.