USCIS Details Implementation Rules for H-1B $100,000 Fee; ILS Leads the Way with Precedent Analysis

On October 20, U.S. Citizenship and Immigration Services (USCIS) released guidance on the $100,000 fee for H-1B visa applications (the “Guidance”), which fully validates the core predictions outlined by the ILS Immigration Team in its September 21 publication, From Campus to Capitol Hill: How New Immigration Rules Will Reshape U.S. International Student Pipelines (Part 4) – The Dual Impacts of H-1B Entry Restrictions and the Gold Card Initiative. Below is a concise breakdown of key policy updates, paired with our prior analysis, to assist employers.

Core Prediction Realized: Clear Definition of Fee-Subject Groups

ILS previously anticipated that “the new policy would target specific H-1B applicants,” and the USCIS Guidance aligns entirely with this forecast. It explicitly identifies three groups required to pay the $100,000 fee:

• New overseas applicants post-September 21: H-1B applications submitted after 12:01 a.m. ET on September 21, 2025, where the beneficiary is outside the U.S. and does not hold a valid H-1B visa;

• In-country applicants involving cross-border processes: In-country H-1B applications submitted on or after the same date that require consular processing, port-of-entry notifications, or pre-departure screenings;

• In-country applicants with denied petitions: For H-1B applications (e.g., change of status, amendment, or extension) filed by in-country beneficiaries after 12:01 a.m. ET on September 21, 2025, if USCIS determines the applicant is ineligible for such relief (e.g., lack of valid nonimmigrant status, or departure from the U.S. while the application is pending and undecided).

Key Exemptions Confirmed: Official Validation of Fee-Exempt Groups

ILS previously emphasized that “lawful H-1B visa holders would be unaffected,” and the USCIS Guidance further confirms three groups exempt from the $100,000 fee:

• Current H-1B visa holders: Individuals with valid H-1B visas who travel to and from the U.S. in compliance with regulations;

• Prior applicants/approved beneficiaries: Individuals whose H-1B applications were either approved before September 21 or remain pending as of that date;

• In-country applicants without cross-border processes: Applicants who file for a change of status, amendment, or extension within the U.S. on or after September 21 and ultimately receive USCIS approval.

The Guidance reaffirms that Executive Order by President Trump does not restrict the departure or re-entry of the three groups above. Individuals may lawfully enter the U.S. with an approved H-1B petition (to obtain a visa) or a valid existing H-1B visa.

Additional Operational Details from the Guidance

• Payment Requirements: Payment must be completed via pay.gov (https://www.pay.gov/public/form/start/1772005176) prior to submitting the H-1B application. Proof of payment or exemption documentation must be attached; otherwise, the application will be denied outright.

• Exemption Applications: Exemptions are only available for cases deemed to serve “exceptional national interest” by the Department of Homeland Security (DHS). To qualify, all of the following criteria must be met:

  • The foreign national’s retention in the U.S. under H-1B status is in the national interest;

  • No U.S. worker is available to fill the position;

  • The foreign national poses no threat to U.S. security or welfare;

  • Requiring the employer to pay the $100,000 fee on the employee’s behalf would severely harm U.S. interests.

Employers who believe their foreign national employees meet these high thresholds may submit exemption requests to H1BExceptions@hq.dhs.gov, along with all supporting evidence.

Employer Recommendations

Please refer to the September 21 publication for comprehensive guidance.

Conclusion

The release of USCIS’ $100,000 H-1B fee 细则 further demonstrates the ILS Immigration Team’s forward-thinking analysis and precise grasp of policy trends. For employers, navigating compliance with fee requirements, understanding exemption criteria, and aligning talent strategies with the new rules will require specialized support. Contact the ILS Immigration Team today for tailored solutions to protect your talent mobility and minimize compliance risks amid sweeping policy changes.

Emergency Hotline: 626-344-8949

Inquiry Email: immigrationlaw@consultils.com

Over the past two months, U.S. immigration policy has undergone critical shifts. ILS has closely tracked these developments, distinguishing between policy signals and noise to assess their impacts on employers, foreign professionals, and global talent strategies. In response to this wave of policy adjustments, we have published six in-depth analyses to help stakeholders stay informed and prepared:

1. The first article focuses on the Trump administration’s proposal to "end the abuse of foreign student visas"; click the link to read the full text.

2. The second article interprets the U.S. Department of State’s tightening of non-immigrant visas; click the link to read the full text.

3. The third article analyzes H-1B visas: the reform from random lottery to a "weighted selection" system; click the link to read the full text.

4. The fourth article analyzes the Dual Impact of H-1B Entry Restrictions and the Gold Card Program; click the link to read the full text.

5. The fifth article examines the upcoming 2026 H-1B lottery policy changes and their potential implications for employers and foreign professionals; click the link to read the full text.

6. The sixth article focus on proposed H-1B and L-1 visa reforms and their impact on U.S. employers. Click the link to read the full text.

Disclaimer：This article is based on the latest policy information as of October 20, 2025. Given the rapid changes in immigration policies, it is advisable for enterprises to pay close attention to official updates and consult professional immigration lawyers for the latest guidance. Our firm will continue to track policy developments and provide clients with timely and accurate professional services.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949

As an immigration attorney at ILS, Wenqi focuses on providing employment-based U.S. immigration guidance to global employers and professional talent, covering categories such as H-1B, L-1, and TN visas. She specializes in aligning immigration strategies with corporate goals, effectively guiding clients through complex USCIS procedures to ensure compliance and achieve a high approval rate.

Before joining ILS, Wenqi worked at a leading international law firm on IPO projects and handled commercial litigation in China. Her cross-border experience allows her to provide practical, business-oriented immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949