UPDATE: H-1B $100k fee Presidential Proclamation Details

Late yesterday, the USCIS provided additional details regarding the H-1B Presidential Proclamation requiring employers to pay $100,000 before filing an H-1B visa petition.  Read Vong Law Group’s news article about the September 21, 2025 Presidential Proclamation here for details about who is subject to the fee.  The only notable update regarding who the $100,000 H-1B visa applies to is the clarification that a H-1B petition filed as a “change of status” within the U.S. is not subject to the fee.  For example, if an employer files an F-1 to H-1B “change of status” petition during the H-1B cap in March 2026, the employer would not be required to pay the additional $100,000 fee.  

For H-1B petitions that are subject to the fee, the USCIS news alert confirms the $100,000 payment must be made BEFORE filing the H-1B petition.  Payments are submitted via pay.gov at the following link:  https://www.pay.gov/public/form/start/1772005176.  Employers must include proof of payment (or proof of an approved exception) with their USCIS filing.  Petitions subject to this requirement that lack proof of payment or an exception will be denied.

Exceptions to the Payment Requirement

For the first time since the Presidential Proclamation was issued, the government laid out the criteria for the national interest exception.  The Secretary of Homeland Security may grant exceptions only in extraordinarily rare circumstances when all the following are met:

1. The H-1B worker’s presence in the United States is in the national interest;

2. No qualified U.S. worker is available for the position;

3. The worker poses no threat to U.S. security or welfare; and

4. Requiring the employer to pay would significantly undermine U.S. interests.

Employers who want to submit a national interest exception may do so by sending an email to: H1BExceptions@hq.dhs.gov, with supporting documentation.

For questions about how the Presidential Proclamation may affect your company’s H-1B filings or to evaluate eligibility for an exception, please contact Vong Law Group.