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USCIS clarifies exemptions under new $100,000 H-1B fee rule
It will continue to process H-1B, H-2A, and H-2B visa petitions despite the ongoing government shutdown, a notification said.
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Pranavi Sharma - Tue, 21, Oct 2025
- 02:10 EDT
- 40
The USCIS said it will continue to process H-1B, H-2A, and H-2B visa petitions despite the ongoing government shutdown. / USCIS
The U.S. Citizenship and Immigration Services (USCIS) has clarified that the $100,000 payment announced under President Trump’s Sept. 19 proclamation will apply only to new H-1B petitions filed on or after Sept. 21, 2025, and not to existing visa holders or pending applications.
The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers, requires that new H-1B petitions submitted from 12:01 a.m. Eastern Daylight Time on Sept. 21 be accompanied by the additional payment as a condition of eligibility.
According to USCIS, “The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.” The agency added that current H-1B visa holders may continue to travel in and out of the United States without triggering the fee requirement.
ALSO READ: Trump's $100,000 fee for H-1B worker visas challenged
In-country applicants exempt
The exemption also extends to those already inside the country seeking to amend, extend, or change their visa status. “The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on Sept. 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States,” USCIS said.
Beneficiaries approved under these categories will remain exempt even if they later leave and re-enter the country on the same visa.
The $100,000 fee will therefore affect new applicants outside the United States who do not currently hold valid H-1B visas, or petitions that request consular or port of entry notification. Petitions falling under these categories must include proof of payment at the time of filing. Petitions without valid payment documentation will be denied.
Processing amid shutdown
The USCIS said it will continue to process H-1B, H-2A, and H-2B visa petitions despite the ongoing government shutdown. However, it acknowledged that the shutdown may delay applications that depend on documents from the Department of Labor.
“The government shutdown will be considered an extraordinary circumstance beyond the petitioner’s control when determining whether to excuse their failure to timely file,” USCIS said, adding that it would issue more guidance if needed.
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