$100,000 H-1B Fee Proclamation FAQs
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On September 19, 2025, President Trump issued a proclamation imposing a new $100,000 fee for "new" H-1B petitions, effective September 21, 2025 at 12:01 AM ET.
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Persons working pursuant to H-1B petitions filed before September 21, 2025, including FY2026 cap petitions from the March 2025 lottery.
Extensions of stay, change of status, and change of employer petitions filed for employees who are inside the U.S and maintaining valid status, irrespective of when the extension petition was filed, including FY2027 cap petitions.
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New H-1B applicants who are outside the U.S. who do not have a valid H-1B visa
Applicants who the USCIS has determined are ineligible for a change of status, amendment or extension of stay, and who must apply for the visa at the US Embassy
Change of status petitions where the person departs the country before the petition is approved
The Proclamation does not apply to approved H-1B petitions filed after September 21, 2025, that requested for an amendment, change of status, or extension of stay for a person inside the United States. Furthermore, the beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
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No. Extensions of stay with the same employer are exempt, even if filed after September 21, 2025, provided you remain in the U.S. and are in valid status when the petition is filed, and while it is pending.
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No. The fee does not apply to any petitions filed before September 21, 2025, even if you were outside the country when it was filed.
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Contact your immigration attorney prior to departing to discuss your specific situation.