US Government issues clarification on the new $100,000 H-1B visa fee; who needs to pay and who are exempted

In a recent update, the U.S. immigration agency published guidance and clarified who needs to pay the one-time $100,000 payment, which shocked and shook the world soon after its announcement on September 21, 2025.

However, the government of the U.S. has shared a clarification as in who needs to pay the fee and who does not. So below is an easy breakdown based on official U.S. Citizenship and Immigration Services (USCIS) guidance from immigration experts. What the fee is all aboutAs per USCIS, the one-time $100,000 fee is an additional charge that comes along with new H-1B petitions. It is separate from the regular USCIS filing fees and employer-side fees that existed before. Who needs to pay the fee

1) Understand that new H-1B petitions are filed from outside the United States. It is requested consular processing (entry from abroad), which means a beneficiary who is outside the U.S. and would obtain a visa at a U.S. consulate, will have to pay the $100,000 payment to accompany the petition. USCIS makes a distinction between petitions that request “consular notification/processing” and those that request a domestic “change of status.

” 2) Payment obligation comes on the petitioner (employer) unless USCIS guidance or a specific exception says otherwise. The agency’s materials and attorney analyses treat the employer as responsible for submitting the required payment with the petition. Who is exempt or not generally required to payNow this is the main focus:

1) In easy words, those already in the U.S. seeking a change of status to H-1B are not subject to the $100,000 payment when the petition is filed domestically as a change of status.

For example: An F-1 student granted H-1B status through a change of status, or someone changing from L-1 to H-1B while living in the U.S. are not required to pay the fee.2) Petitions filed or approved before the effective date (Sept 21, 2025), and people who already hold valid H-1B approvals, won’t be affected by the new payment requirement for re-entry or renewals under current guidance. If an employer plans to hire someone who is currently abroad and will apply for an H-1B at a consulate, they must account for the $100,000 payment when preparing the petition — otherwise USCIS may deny the petition if payment or an approved exception is not included. Clear checklist

If you’re an employer: confirm whether the petition will request consular processing; if yes, budget for the $100,000 payment or consult counsel about exceptions before filing. If you’re an F-1 or L-1 holder in the U.S.: staying for a change-of-status filing can avoid this fee — but check with your employer’s immigration lawyer about travel plans, since leaving the U.S. could bring the fee back into play. For any further clarification, focus only on the documents published on USCIS website. Check for alerts and an H-1B FAQ posted on the agency website. It has all the clear explanations. Disclaimer: The information in the article is taken from the official USCIS website