On September 19, 2025, the White House announced a new $100,000 fee for certain H-1B visa petitions, sparking questions among employers and workers. The recent USCIS clarification brings welcome relief, confirming that the fee has a limited scope and does not affect most current H-1B visa holders or F-1 students already in the U.S.

Who Is Affected by the $100,000 Fee?

The fee applies only to:

• New H-1B petitions filed on or after September 21, 2025, for applicants outside the U.S. without valid H-1B status, particularly those requiring consular processing or port-of-entry notification.
• Rare cases where a change-of-status petition (e.g., from F-1 to H-1B) is denied, and the applicant later seeks to enter the U.S. on an approved petition.

Who Is Not Affected?

The clarification ensures minimal impact for:

• Current H-1B holders: Extensions, amendments, or renewals for petitions filed before September 21, 2025, are exempt.
• Employees in the U.S.: Those with approved petitions for change of status, extensions, or amendments — such as F-1 students transitioning to H-1B — are not subject to the fee, even if they travel abroad later.

This focused scope is great news for HR teams and skilled workers already in the U.S. The USCIS clarification ensures stability for the majority of H-1B stakeholders, supporting a smooth path for global talent in the U.S.

Employers should consult legal counsel to navigate new petitions and stay updated on any new developments.