Applicants filing for a Change of Status within the US are officially exempt from this fee — meaning F-1 visa holders applying in the 2026 H-1B lottery
won’t be affected. On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, an important initial step to reform the H-1B nonimmigrant visa program. Under the Proclamation, new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility. In accordance with section 1(c) of the Proclamation, for H-1B petitions subject to the Proclamation, petitioners must submit a copy of the proof of the payment from pay.gov or evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without evidence of payment or the grant of an exception will be denied. For additional information on the requirements of the Proclamation and how to pay the $100,000 payment, see the H-1B Specialty Occupation Webpage.
Who Must Pay the $100,000
The $100,000 payment applies to new H-1B petitions filed on or after September 21, 2025 for:
Beneficiaries outside the United States who do not hold a valid H-1B visa; and Petitions requesting consular or port-of-entry notification or pre-flight inspection for an individual inside the US.
It may also apply to petitions requesting a change of status, amendment, or extension if USCIS determines the individual is not eligible (for example, if the person is not in valid status or departs before adjudication).
Who Is Not Subject to the Payment
The $100,000 payment does not apply to: Previously issued and valid H-1B visas; Petitions filed before 12:01 a.m. EDT on September 21, 2025; Amendment, change-of-status, or extension petitions for workers inside the United States, when USCIS grants the change or extension; H-1B holders who already possess valid visas and travel internationally.
If such a worker later departs and seeks reentry on a valid visa or approved petition, the payment remains not required.
The $100,000 payment must be made before filing the H-1B petition with USCIS. Employers must submit proof of scheduled payment via pay.gov or provide evidence of an approved exception from the Secretary of Homeland Security at the time of filing. Petitions subject to the payment that lack proof of payment or a granted exception will be denied.
