On October 20, 2025, U.S. Citizenship and Immigration Services (“USCIS”) issued updated guidance clarifying which H-1B petitions are subject to the $100,000 fee established by President Trump’s September 19, 2025, Proclamation. The new guidance confirms that the fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. who do not have a valid H-1B visa. Petitions for extensions, amendments, or changes of status for individuals already in the country are exempt. However, consular notification petitions filed after the effective date are subject to the fee, regardless of the beneficiary’s physical location at the time of filing.
USCIS also detailed the limited “national interest” exception process, allowing the Department of Homeland Security (“DHS”) Secretary to waive the fee in extraordinarily rare circumstances—such as when the worker’s presence is deemed vital to U.S. interests and no American worker is available for the role. Employers seeking an exception must submit a formal request with supporting evidence to DHS for consideration.
Employers should review their H-1B filing strategies carefully, particularly for foreign nationals outside the U.S., and ensure all petitions comply with the clarified requirements. They should also monitor ongoing litigation challenging the Proclamation’s legality, which could affect the fee’s future implementation.
If your business needs assistance navigating these new H-1B requirements or evaluating whether your employees may qualify for an exception, please contact us at info@mnklawyers.com.