USCIS Clarifies New $100,000 H-1B Fee — What You Need to Know

• As of 12:01 a.m. ET on September 21, 2025, a new one-time $100,000 fee will apply to new H-1B petitions filed after that date.
• The fee is not annual. The confusion over “annual fee” was clarified by the White House and USCIS. 

• H-1B holders with valid visas (even those abroad) will not be required to pay this fee to re-enter the U.S. 
• Petitions already filed (before Sept 21) or already approved are exempt. 
• Renewals of existing visa status are not currently subject to the new fee under current guidance. 

• It is not yet clear how this applies to cap-exempt H-1B applicants (e.g. universities / nonprofit research) when applying from outside the U.S. 
• Uncertain whether extensions or transfers that require visa stamping outside the U.S., after the effective date, will trigger the fee. 
• Exact criteria for “national interest” exemptions, how many will be granted, and for whom, remain vague. 

• If you are outside the U.S. with a valid visa, or have a petition already filed, you are not currently required to pay the new fee to re-enter or renew.
• But if your company plans to file a new H-1B petition after Sept 21, 2025, plan for the new $100,000, unless an exemption will apply.
• Companies should consult immigration counsel now to assess the impact of this on hiring strategy, travel plans, and visa stamping.

These clarifications reduce some immediate fears, but many significant questions still remain. For personalized guidance tailored to your situation—whether you’re an employer, an H-1B holder, or planning a petition—contact Ghoshal Law PLLC. We can help you navigate the new USCIS memo and ensure you’re compliant with the updated rules.