H1B visa.
The US Citizenship and Immigration Services (USCIS) has issued new guidelines clarifying when employers must pay the $100,000 petition fee for H-1B visa applications and how they can obtain the exemption. This clarification comes after the White House announcement issued on September 19, 2025, in which it was said to impose a one-time fee on new H-1B petitions filed for employees working outside the US.
Who will have to pay the fee of one lakh dollars?
This fee will apply to new H-1B petitions filed on or after September 21, 2025, for workers living outside the US or those who must leave the country before their petitions are approved. This is a one-time additional fee that is separate from the regular H-1B filing and processing fees.
According to USCIS, the purpose of this fee is to prevent abuse of the program, which allows US employers to hire skilled foreign professionals in sectors such as tech, research and health care.
Who has got the exemption?
Foreign workers already living in the US under valid nonimmigrant status, including F-1 student visa holders who are converting to H-1B, will not have to pay the $100,000 fee. People who are already in the US with valid status – such as F-1 students converting to H-1B, or H-1B workers who are extending their stay – will automatically be exempted.
USCIS has clarified that this fee “will not apply to any petition requesting a modification, change of status, or extension of stay in the United States for an alien where the alien has been granted such modification, change, or extension. This waiver also covers current H-1B visa holders applying for an extension, modification, or employer change within the country.
Who can apply for exemption?
Employers filing new H-1B petitions for employees working abroad can request a waiver if they can prove that the employee’s presence is in the national interest, and there is no qualified U.S. employee available for the position. The waiver request must be filed with the H-1B petition through the USCIS Online Filing Portal, which also processes payment for petitions subject to fees.
necessary documents
- A formal letter explaining how the applicant’s role is in the US national interest.
- Evidence that no US workers are available or qualified for the job.
- Proof that the foreign worker meets all H-1B eligibility and certification requirements.
- Supporting documentation such as hiring records, industry certifications, or evidence showing that the role contributes to essential services – for example, public health, scientific research, or education.
How will the assessment be done?
USCIS will review waiver requests on a case-by-case basis. The agency will assess whether the job is consistent with U.S. national interests and whether the employer can demonstrate genuine hiring difficulty for a similar U.S. worker. No industry-wide or business-specific discounts have been announced. The Department of Homeland Security (DHS) may, at its discretion, grant a waiver “if the employment is considered to be in the national interest of the United States.”
According to USCIS, waivers of the $100,000 payment are granted by the Secretary of Homeland Security in extremely rare circumstances where the Secretary has determined that a particular foreign worker’s presence in the United States as an H-1B worker is in the national interest, there is no U.S. worker available to fill that position, the foreign worker does not pose a threat to the security or welfare of the United States, and that compelling the petitioning employer to make the payment on behalf of the foreign worker is in the national interest. The state would significantly weaken America’s interests.
USCIS further stated that petitioning employers who believe that their foreign workers meet this higher threshold may seek an exemption by sending their request and all supporting evidence to [email protected]. Since the guidelines are still evolving, employers are advised to submit detailed evidence when seeking exemptions and have documentation ready to support their claim. The $100,000 fee rule goes into effect on September 21, 2025 at 12:01 a.m. Eastern Time.