USCIS clarifies who must pay the $100,000 H-1B visa fee
The U.S. Citizenship and Immigration Services (USCIS) released guidance clarifying the real scope of the new $100,000 fee established in September 2025 for H-1B visa applications.
The agency clarified that only employers filing new petitions for foreign workers who are outside the United States and do not currently hold an H-1B visa will be required to pay this fee.
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Who is subject to the fee?
H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the country who do not have current H-1B status.
Cases requesting consular notification, port-of-entry notification, or pre-flight inspection. Payment must be made before submitting the petition as a condition of eligibility.
Who is exempt?
Applicants already in the United States who wish to change their immigration status —for example, from an F-1 (student) visa to an H-1B— will not be required to pay the $100,000 fee.
This represents significant relief for employers and universities that feared the measure would affect foreign students and highly skilled professionals already residing in the country.
Policy background
The fee was announced on September 19, 2025, by the administration of Donald Trump as part of a plan to “combat abuse in the H-1B program” and prioritize the hiring of U.S. workers.
However, multiple business and academic sectors have warned of potential adverse effects on U.S. labor and technological competitiveness. A 2024 study by the Institute of Labor Economics (IZA) concluded that hiring H-1B workers drives the creation of additional jobs, including positions for U.S. workers.
Ongoing lawsuits
The measure already faces two lawsuits: one from the United States Chamber of Commerce, which deems the fee illegal and excessive; and another filed by health groups and labor unions, challenging its impact on critical sectors such as technology, healthcare, and research.
In summary:
The $100,000 fee applies only to new applications from abroad.
Status changes within the U.S. are exempt.
The legal and economic debate over the measure is far from over.
From: https://www.cbsnews.com/news/100000-h-1b-visa-fee-who-pays/
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