1. Global Education Office
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  4. $100,000 H-1B Visa Fee
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$100,000 H-1B Visa Fee


Presidential Proclamation

In a Presidential Proclamation issued on September 19, 2025, it was announced that a $100,000 (one hundred thousand dollar) application fee will be charged for new H-1B petitions filed with U.S. Citizenship and Immigration Services (USCIS) on or after September 21, 2025.
 

$100,000 H-1B Petition Fee

On October 20, 2025, USCIS provided clarification about the new $100,000 H-1B petition fee.  (Click the link and scroll down to the “Presidential Proclamation” section.)

The guidance clarifies when the fee is and is not required, how an employee can pay the fee when it is required, and how an employer can ask for an exception from the fee.

Are university employers like VCU exempt from the fee?

The guidance does not exempt university employers like VCU from the fee, but the fee is not required for every H-1B petition regardless of the employer.

When is the fee required?

The fee is required for an H-1B petition filed with USCIS on or after September 21, 2025 where:

  1. The employee is outside the U.S. and does not have a valid H-1B visa, or
  2. The employee is in the U.S. but the petition asks USCIS for consular, port-of-entry (POE), or pre-flight inspection (PFI) notification, or
  3. The petition asks USCIS to grant the employee a change of status, extension of status, or amendment but the employee is not eligible for a change of status, extension of status, or amendment.   In this case, USCIS may approve the petition for consular, POE, or PFI notification instead.

If USCIS approves an H-1B petition for consular, POE, or PFI notification for any reason, the fee is required.

What are consular, POE, and PFI notification?

Consular, POE, and PFI notification are forms of petition approval.  

With a consular notification approval, after USCIS approves the petition, the employee needs to obtain an H-1B visa stamp from a U.S. consulate abroad before traveling to the U.S. and asking CBP to admit them in H-1B status.

With a POE or PFI notification approval, after USCIS approves the petition, the employee can travel to the U.S. and ask USCIS to admit them in H-1B status without needing to obtain an H-1B visa stamp from a U.S. consulate abroad before doing so.

A citizen of Canada or Bermuda is not required to obtain an H-1B visa stamp from a U.S. consulate abroad, so POE and PFI notification approvals are only available to citizens of Canada or Bermuda.

Change of Status, Extension of Status, or Amendment

The guidance states that the fee is not required for a change of status (COS), extension of status (EOS), or amendment petition if USCIS approves the COS, EOS, or amendment.

If USCIS does not approve the COS, EOS, or amendment, they may approve the petition for consular, POE, or PFI notification.  In that case, the fee is required.

Why would the employee not be eligible for a COS, EOS, or amendment approval?

The guidance states that the reasons why an employee would not be eligible for a COS, EOS, or amendment approval include:

  1. The employee is not in a valid nonimmigrant status, or
  2. For a change of status petition, the employee departed the U.S. before USCIS completed processing of the petition.

Change of Employer or Concurrent Employment

A change of employer (COE) petition is sometimes called a transfer petition.

The guidance does not state whether the fee is required for a COE or concurrent employment petition.

However, if the COE or concurrent employment petition includes a request for an extension of status, it is possible that the fee is not required.

If USCIS approves the COE or concurrent employment petition for consular, POE, or PFI notification for any reason, the fee is required.

International Travel Impact

The fee does not apply to any H-1B petition filed with USCIS prior to September 21, 2025.

If the employee’s H-1B petition was filed with USCIS prior to September 21, 2025, the fee is not required and the fee has no impact on the employee’s ability to obtain an H-1B visa stamp or to return to the U.S. in H-1B status.

For H-1B petitions filed with USCIS on or after September 21, 2025:

  • If USCIS approves the petition for COS, EOS, or amendment, the fee is not required.  The fee has no impact on the employee’s ability to obtain an H-1B visa stamp or to return to the U.S. in H-1B status.
  • If USCIS approves the petition for consular, POE, or PFI notification for any reason, the fee is required.   In this case, if the employee travels internationally or needs to obtain an H-1B visa stamp, the fee would be required. 

When is the fee paid?

If the fee is required, the guidance states that:

  • The fee must be paid before the H-1B petition is submitted to USCIS, and
  • A receipt showing that the fee has been paid must be submitted to USCIS with the petition.

If the fee is required and the petition is submitted to USCIS without a fee payment receipt, USCIS will deny the petition.

The guidance states that exceptions to the fee may be granted by DHS “in extraordinarily rare circumstances” (please see below).

How is the fee paid?

The guidance states that the fee must be paid by the employer through a Pay.gov account.    

If your department has questions about how to pay the fee, please contact GEO Immigration Services for guidance.

Is there an exception to the fee?

The guidance states that exceptions to the fee may be granted by DHS “in extraordinarily rare circumstances.” 

To grant an exception, DHS must determine that:

  • The employee’s presence in the U.S. in H-1B status is in the U.S. national interest.
  • No U.S. worker is available to fill the role.
  • The employee does not pose a threat to the security or welfare of the U.S.
  • Requiring the employer to pay the fee would significantly undermine the interests of the U.S.

The guidance directs employers seeking a fee exception to send their request and all supporting evidence to a DHS email address.

The guidance does not state what supporting evidence DHS expects to see or how long it would take DHS to approve the employer’s request for an exception. 

If DHS approves the exception request, evidence of their approval must be submitted to USCIS with the H-1B petition.

Evidence of the DHS fee exception approval must be submitted to USCIS with the H-1B petition.

If your department has questions about requesting a DHS exception to the fee, please contact GEO Immigration Services for guidance.

Additional Support

If you have questions or concerns about the guidance here, please send an email to Paul Babitts, Ph.D., Executive Director of Immigration Services.