USCIS has confirmed that, effective September 21, 2025, certain H-1B petitions will now require a $100,000 payment as a condition of eligibility.
This update marks a significant change for employers sponsoring H-1B workers, particularly for cases involving employees outside the United States. Here’s what you need to know.
⚠️ Who Is Subject to the $100,000 Payment
The new fee applies to:
- 🧳 New H-1B petitions filed on or after September 21, 2025, where the beneficiary is outside the U.S. and does not hold a valid H-1B visa.
- ✈️ Petitions requesting:
- Consular notification
- Port-of-entry notification
- Pre-flight inspection
- 📝 Certain amendments, extensions, or changes of status (for example, if USCIS later determines the person wasn’t in valid status or departs the U.S. before adjudication).
➡️ Even if the petition is later deemed ineligible, the $100,000 payment still applies.
✅ Who Is Not Subject
The surcharge does not apply to:
- Valid, previously issued H-1B visas
- Petitions filed before September 21, 2025
- Travel of current H-1B visa holders
- Amendments, changes, or extensions for individuals already inside the U.S. when the request is approved
💡 In short: This primarily affects new H-1B hires abroad, not current H-1B employees or F-1 students changing status within the U.S.
💰 Payment Details
How to pay:
👉 Submit payment through pay.gov
When to pay:
✅ Before filing the H-1B petition with USCIS
Filings must include:
- Proof of payment, or
- Evidence of an approved exception
🚫 Petitions missing payment proof will be denied.
🧾 Exception Requests (Extremely Limited)
The Secretary of Homeland Security may grant an exception only if all of the following are true:
- The worker’s presence is in the national interest
- No qualified U.S. worker is available
- The worker poses no security or welfare risk
- Requiring the payment would significantly undermine U.S. interests
📩 Exception requests must be emailed with supporting evidence to: H1BExceptions@hq.dhs.gov
⚠️ The government has emphasized that these will be extraordinarily rare.
📊 What Employers Should Do Now
This is a major cost shift for employers hiring talent from abroad. Before filing any H-1B petition on or after September 21, 2025, employers should confirm:
- Is the beneficiary outside the U.S.?
- Does the petition require consular processing?
- Has the $100,000 surcharge been paid or an exception approved?
💬 This change will have a direct impact on timing, budgeting, and hiring strategies for global talent acquisition.
🌐 We’re Here to Help
If you’re unsure how this new fee might affect your organization’s H-1B filings, our legal team at Apfel Law Group is here to help you evaluate your cases and adjust your strategy accordingly.
📩 Contact our legal team today to discuss next steps or to schedule a consultation.