USCIS gives calcification on H-1B $100k fee rule: Who pays and Who don’t

The Proclamation on Restriction on Entry of Certain Nonimmigrant Workers took effect in the United States at 12:01 a.m. eastern daylight time on September 21, 2025. It is described as an important initial step to reform the H-1B nonimmigrant visa program.

The most immediate change is financial: for certain filings made at or after that exact time, the petition must include proof of an additional $100,000 payment as a condition of eligibility. If a petition that is subject to this requirement is filed without proof of this $100,000 payment or without official evidence of an exception from the Secretary of Homeland Security, it will be denied.

This policy applies based on who the beneficiary is, where they are, and what the filing requests. Employers should review each case carefully before preparing their petitions.

Policy Change Overview and Core Definitions

Under the Proclamation on Restriction, the $100,000 payment applies to H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, if they meet one or more of the following conditions:

• The petition is for a beneficiary who is outside the United States and does not have a valid H-1B visa.
• The petition requests consular notification, port of entry notification, or pre-flight inspection for an alien who is in the United States.
• The petition requests a change of status, amendment, or extension of stay filed at or after the cutoff time, and USCIS later determines the alien is ineligible for that change, amendment, or extension (for example, not in valid nonimmigrant status or if the alien departs the United States before USCIS finishes deciding a change of status request).

Important protections and limits:

• The Proclamation does not apply to any previously issued and currently valid H-1B visas, or to any petitions submitted before 12:01 a.m. eastern daylight time on September 21, 2025.
• It does not prevent any holder of a current H-1B visa—or any alien beneficiary after petition approval—from traveling in and out of the United States.
• It does not apply to a petition filed at or after the cutoff that requests an amendment, change of status, or extension of stay for an alien inside the United States if USCIS grants that amendment, change, or extension. In that case, the beneficiary will not be considered subject to the $100,000 payment even if they later depart the United States and apply for a visa based on the approved petition or seek to reenter on a current H-1B visa.

These parameters mean the trigger for the $100,000 payment depends on:
– the petition’s filing date and time,
– the beneficiary’s location and current visa status,
– and the outcome USCIS reaches about eligibility when the filing requests a status change.

Step-by-Step Journey: From Pre-Filing Checks to Final Outcomes

Step 1 — Confirm whether your filing is subject to the $100,000 payment

Map your case to the Proclamation’s coverage rules:

• Subject if: new H-1B petition, beneficiary is outside the U.S., beneficiary has no valid H-1B visa, and filing is on or after the cutoff.
• Subject if: filing seeks consular notification, port of entry notification, or pre-flight inspection (even if the alien is in the U.S.), and filing is on or after the cutoff.
• For filings that request change of status, amendment, or extension on or after the cutoff:
• If USCIS later grants the request → not subject.
• If USCIS later determines the alien is ineligible (e.g., not in valid status or the alien departs before a decision) → subject, and the $100,000 payment must then be paid following USCIS instructions.

Not-subject filings include:

• Any petition submitted before 12:01 a.m. eastern daylight time on September 21, 2025.
• Filings for current H-1B holders with valid visas.
• Amendments, changes of status, or extensions filed on or after the cutoff that USCIS grants (even if the beneficiary later travels and seeks a visa or reenters based on the approved petition).

Step 2 — Decide whether to pay or seek an exception

If your case is subject, you must either:

• Make the $100,000 payment, or
• Include evidence of an exception granted by the Secretary of Homeland Security.

If you believe an exception applies, request the exception before filing because you must include the exception evidence with the petition in lieu of payment. Petitions filed without either proof of payment from pay.gov or exception evidence will be denied.

Step 3 — Make the $100,000 payment before filing

Submit the required $100,000 payment through pay.gov, following the instructions on the payment page.

• Start here: https://www.pay.gov/public/form/start/1772005176
• You must make the payment before filing because you need to include proof that the payment has been scheduled from pay.gov with the petition.
• Keep a clear record of the scheduling confirmation so it can be printed or saved for the filing package.

Step 4 — Assemble the filing package with required proof

At the time of filing with USCIS, include one of the following:

• Proof that the payment has been scheduled from pay.gov, or
• Evidence of an exception from the Secretary of Homeland Security.

There is no alternative. If a subject petition is filed without one of these, USCIS will deny the filing.

Step 5 — USCIS adjudication and conditional triggers

For petitions seeking change of status, amendment, or extension filed on or after the cutoff, USCIS will determine whether the alien is eligible.

• If USCIS grants the request → the Proclamation does not apply.
• If USCIS finds the alien ineligible (e.g., not in valid nonimmigrant status or the alien departs before adjudication completes) → the petition becomes subject to the $100,000 payment per USCIS instructions.

Employers should monitor status and travel plans until USCIS issues a decision.

Step 6 — Consular, port of entry, or pre-flight inspection notices

If your post-cutoff filing requests consular notification, port of entry notification, or pre-flight inspection, the $100,000 payment applies. Plan to make the payment and include the proof at filing.

Step 7 — Post-approval travel for current H-1B visa holders

The Proclamation does not stop travel for any current H-1B visa holder. It also does not bar a beneficiary from traveling based on an approved petition.

For beneficiaries inside the U.S. whose amendment, change, or extension is granted on or after the cutoff, the $100,000 payment still does not apply even if they later leave and apply for a visa based on the approved petition or reenter on a current H-1B visa.

Timing and What to Expect at Each Stage

Before filing
– Determine whether the case is subject based on the beneficiary’s location, current visa, and the filing’s requests.
– If subject, complete the $100,000 payment on pay.gov and keep the scheduling proof.
– If seeking an exception, request it first and wait for evidence from the Secretary of Homeland Security, because you must file with that evidence.

At time of filing
– Include proof of the scheduled $100,000 payment or include the exception evidence. Without one of these, the petition will be denied.

After filing
– For change of status, amendment, or extension requests filed on or after the cutoff, watch for USCIS’s decision. If USCIS later finds the alien ineligible, the $100,000 payment will apply per USCIS instructions.

Travel and visa issuance
– Previously issued, valid H-1B visas remain valid.
– The Proclamation does not prevent travel for current H-1B visa holders or beneficiaries after petition approval.

Exceptions: Extremely High Threshold and How to Request

The Secretary of Homeland Security may grant exceptions to the $100,000 payment only in extraordinarily rare circumstances. All of the following must be satisfied:

• The alien worker’s presence in the United States as an H-1B worker is in the national interest.
• No American worker is available to fill the role.
• The alien worker does not pose a threat to the security or welfare of the United States.
• Requiring the petitioning employer to make the $100,000 payment would significantly undermine the interests of the United States.

How to request an exception:
– Email the request and all supporting evidence to: [email protected].
– Because a petition must include either payment proof or exception evidence, consider sending your exception request well before you plan to file.
– Include evidence addressing each required element and keep a clear record of the Secretary’s response to include with the petition if granted.

Practical note: analysis by VisaVerge.com indicates these criteria set a demanding standard. Employers should plan to pay the $100,000 unless they clearly meet every element and receive confirmation from DHS.

Common Filing Scenarios Explained

• Scenario 1: New H-1B for a beneficiary outside the U.S. with no valid H-1B visa
  If filed at or after the cutoff, the $100,000 payment applies. Pay on pay.gov before filing and include payment proof. If seeking an exception, include exception evidence at filing.

• Scenario 2: Petition asks for consular notification on or after the cutoff
  The $100,000 payment applies. Same rule for port of entry notification or pre-flight inspection requests.

• Scenario 3: Change of status request filed on or after the cutoff, alien later found ineligible
  If USCIS finds the alien ineligible (e.g., not in valid nonimmigrant status or departed before adjudication), the $100,000 payment applies and must be paid per USCIS instructions.

• Scenario 4: Amendment, change, or extension filed on or after the cutoff and granted
  The $100,000 payment does not apply. If the beneficiary later travels and applies for a visa based on the approved petition or reenters using a current H-1B visa, they are still not considered subject to the payment.

• Scenario 5: Petitions submitted before the cutoff
  The Proclamation does not apply. Previously issued and currently valid H-1B visas are unaffected.

Payment Mechanics, Proof, and Filing Quality Control

• Payment method: Submit the $100,000 payment through the pay.gov H-1B Proclamation payment form: https://www.pay.gov/public/form/start/1772005176
• When to pay: Before filing with USCIS.
• Proof to include at filing:
• Evidence that the payment has been scheduled from pay.gov, or
• Evidence of an exception from the Secretary of Homeland Security.
• Filing consequence without proof: Petitions subject to the $100,000 payment filed without required proof or exception evidence will be denied.

Quality control tips:
– Designate a point person to verify payment proof or exception evidence in the filing packet.
– Check filing date and time stamps carefully to confirm whether the Proclamation applies.
– Keep electronic and printed copies of pay.gov confirmations and any correspondence with DHS about exceptions.

What Employers and Beneficiaries Should Do Now

• Map each case to the Proclamation criteria and confirm whether it’s subject to the $100,000 payment.
• If subject, plan and complete the payment on pay.gov before filing, and print or save the scheduling proof.
• If you believe your case meets the exception standard, email [email protected] with your request and supporting evidence, and wait for the Secretary’s decision so you can attach that evidence to your filing.
• For change of status, amendment, or extension cases, maintain valid nonimmigrant status and avoid international travel that could affect eligibility until USCIS decides the filing. An ineligibility finding triggers the $100,000 payment.
• For current H-1B visa holders, continue normal travel planning; the Proclamation does not stop travel for holders of current H-1B visas or beneficiaries after petition approval.

What to Expect from Authorities

• Department of Homeland Security (DHS): The Secretary may grant exceptions only in extraordinarily rare cases meeting every required element. Submit requests to [email protected].
• USCIS: At filing, USCIS will check for either proof of the scheduled $100,000 payment or exception evidence. USCIS will also adjudicate amendments, changes, or extensions and may apply the payment requirement if it finds the alien ineligible.
• Consular/inspection notifications: If a petition filed on or after the cutoff includes consular notification, port of entry notification, or pre-flight inspection, the $100,000 payment applies and must be proven at filing.

Key takeaway: the Proclamation applies based on filing time and content plus the beneficiary’s situation—not merely the filing type. Include payment proof or exception evidence at filing to avoid denials, and monitor USCIS eligibility decisions for potential post-filing triggers.

Clarifying Points That Often Cause Confusion

• The Proclamation applies based on the petition’s filing time, content, and the alien’s situation—not just the petition type.
• It does not affect petitions filed before 12:01 a.m. eastern daylight time on September 21, 2025.
• It does not cancel or limit previously issued, valid H-1B visas.
• It does not block travel in and out of the United States for current H-1B visa holders or beneficiaries after petition approval.
• It does not apply to an amendment, change, or extension granted by USCIS for someone inside the United States, and it remains inapplicable even if that person later travels and seeks a visa based on the approved petition or reenters using a current H-1B visa.

Budgeting and Risk Management Under the Proclamation

• The $100,000 payment is sizeable and now a condition of eligibility for certain petitions filed on or after the cutoff. Employers should make case-by-case decisions early in planning.
• If a filing is subject, build the $100,000 payment into budgets and timelines because the payment must be scheduled and proven before filing.
• If pursuing an exception, recognize exceptions are extraordinarily rare and require meeting every condition set by DHS.
• For beneficiaries inside the U.S., focus on maintaining valid nonimmigrant status through the decision date for any change of status, amendment, or extension request. Avoid travel that could create an ineligibility finding and trigger the payment.
• Assign internal compliance steps to confirm:
• Whether the petition is subject,
• That the $100,000 payment is scheduled through pay.gov or exception evidence is in hand,
• That the filing includes the required proof at submission,
• That any later USCIS ineligibility finding is matched with the payment as directed.

The new Proclamation on Restriction is an important change to H-1B filing practice. Careful planning, payment proof or exception evidence at filing, and attention to USCIS eligibility decisions will help petitioners meet the $100,000 payment condition where required and avoid denials.

For official payment submission, use the pay.gov H-1B Proclamation payment portal: https://www.pay.gov/public/form/start/1772005176