Agency Clarifications on $100,000 H-1B Fee: What We Know, What’s Still Unclear

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In the days following President Trump’s Proclamation imposing a $100,000 fee on new H-1B petitions, federal agencies have begun clarifying how this unprecedented requirement will be applied.

What Agencies Have Confirmed

  • New Petitions Only: The Department of State (DOS), USCIS, and CBP have confirmed that the fee applies only to new H-1B petitions filed on or after September 21, 2025.
  • Current Visa Holders: Individuals with valid H-1B visas may continue to travel and reenter the United States without paying the fee.
  • Pending or Approved Petitions: Petitions filed before the effective date remain unaffected.
  • H-1B1 Exception: The U.S. Embassy in Singapore announced that the Proclamation does not apply to the H-1B1 category for Singaporean citizens.

Key Questions That Remain

Despite these clarifications, several important issues are still unresolved:

  • Will cap-exempt petitions (universities, nonprofit research, etc.) be subject to the fee?
  • How will extensions, amendments, or changes of employer be treated if filed after September 21?
  • Does the fee extend to H-4 dependents?
  • What are the payment mechanics (method, timing, proof for CBP)?

NPZ Guidance

The situation continues to evolve as agencies release more information. NPZ Law Group is closely monitoring updates and will expand our resources as new guidance becomes available.

For a comprehensive breakdown of FAQs and ongoing updates, visit our continuously updated resource here: https://visaserve.com/h-1b-proclamation-faq-uscis-clarifies-100000-fee/ 

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.