IMPORTANT H-1B $100,000 FEE CLARIFICATION

On October 20, 2025, a clarification was issued for the President Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, issued on September 19, 2025. The recent clarification provides important information regarding how the additional $100,000 fee is to be applied, removing any uncertainty that previously existed.

The $100,000 H-1B fee does NOT apply to the following:

1. Petitions filed before September 21, 2025
2. Petitions for an H-1B renewal
3. Petitions for an H-1B transfer
4. Petitions for an H-1B amendment
5. Petitions for a change of status to H-1B

These clarifications now allow cap-exempt employers to file H-1B petitions for employees who need to transition from their underlying visa to an H-1B.