USCIS has released detailed guidance explaining how the $100,000 fee for new H-1B petitions—required under the September 19 Presidential Proclamation—will be applied.
According to the update, the new fee:
- Applies only to new H-1B petitions filed on or after September 21, 2025, for workers outside the United States who do not already hold valid H-1B status.
- Does not apply to extensions, amendments, or “change of status” filings for individuals already in the U.S.
- Must be paid using the official pay.gov system at the time of filing.
- May be waived in extraordinarily rare cases where DHS determines that employing the worker serves the national interest and poses no risk to U.S. security or welfare.
The new guidance aims to answer employer questions following weeks of confusion. Still, significant uncertainty remains over how exceptions will be reviewed and how the new payment process will be implemented.
Two separate lawsuits have now been filed challenging the legality of the Proclamation, arguing that it exceeds presidential authority and imposes an unreasonable burden on U.S. employers.
NPZ Guidance
Employers should:
- Confirm whether upcoming petitions fall under the new rule.
- Maintain proof of payment for compliance purposes.
- Consider whether a National Interest Exception (NIE) request may apply.
NPZ Law Group continues to monitor agency updates and related court proceedings. We will provide additional information as implementation and litigation develop.
Read NPZ’s full analysis and guidance — please click here.
Contact NPZ Law Group
For questions about how this policy affects your workforce or filing plans, contact us at info@visaserve.com or call 201-670-0006.