The USCIS issued new guidance on October 20, 2025 on the Presidential Proclamation‘s $100,000 fee for H-1B petitions filed after September 21, 2025. The USCIS clarified that the $100,000 fee does not apply to approved H-1B Change of Status, Extension of Status and Amendment petitions filed after September 21, 2025 for foreign nationals in the U.S. at the time of filing and petition approval. If the H-1B beneficiary is not in the U.S. at the time of filing and the petition’s approval, the fee will apply. Please contact FSVS in advance of any international travel for H-1Bs in process for change of status, extensions or amendments to coordinate the timing of filings.
Under the new guidance, beneficiaries of these approved petitions are not subject to the fee if they depart the U.S. after the approvals. They may apply for H-1B visas at a U.S. consulate without triggering the fee. Beneficiaries with unexpired H-1B visas are not required to apply for new visas and may return to the U.S. on their existing visas. Faculty and staff returning to the U.S. on a previously issued H-1B visa stamp should present their most current USCIS H-1B approval notice to ensure they are admitted for the validity of their H-1B approval.
It remains unclear whether an H-1B Change of Employer or an H-1B Concurrent petitions are subject to the $100,000 fee. Faculty and staff who are the beneficiaries of an approved H-1B petition traveling internationally in either of these categories should have flexible travel plans. They should consider purchasing refundable tickets or travel insurance in case their travel needs to be revised or canceled.
Payment instructions for the $100,000 filing fee are included in the guidance as well as for applying for the fee waiver. Exceptions to the fee will be granted in extraordinarily rare circumstance where the Department of Homeland Security has determined an H-1B beneficiary’s presence in the U.S. meets the following criteria:
- It is in the national interest,
- that no American worker is available to fill the role,
- that the alien worker does not pose a threat to the security or welfare of the United States,
- and that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.
FSVS will discuss fee payments and fee waiver applications with department heads for petitions subject to the fee.
The university continues to monitor additional statements and instructions from the U.S. Citizen and Immigration Services and the Departments of State and Homeland Security. Updates will be posted on the FSVS H-1B Proclamation webpage as more information becomes available. Please contact FSVS with any questions on how the proclamation might impact H-1B sponsorship or international travel plans.