USCIS Issues Guidance on H-1B Visa Fee: Change of Status, Amendments, Extensions Not Covered

On October 19, 2025, following the worldwide confusion at the time the $100,000 H-1B Visa Fee Proclamation was issued, USCIS released guidance on its implementation.  See October 1 H-1B update for details. The Guidance generally answers one of the most significant questions regarding the Proclamation’s text: what constitutes a new petition. The $100,000 fee applies to new H1-B visa petitions filed after September 21, 2025.

The Guidance states that amendments, changes of status, or extensions are not considered new petitions.

“The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.”

While USCIS provided some clarifications, questions remain. Here is a summary of the clarifications for what does constitute a new petition filed after September 21, 2025, and when the prepaid fee would be required:

New Petitions, meaning

• The alien is outside the Country and does not have a valid H-1B Visa.

Change of Status, Amendments, or Extensions

• Fee applies only if USCIS determines the alien is not in a valid immigration status* or departs the U.S. prior to adjudication.

USCIS also advised on how and when the $100K fee must be paid:

• Prior to filing the Petition. Payment must be made by an ACH Bank Transfer.
• A payment receipt must accompany the petition.

Notably, the October 19 guidance does not distinguish between cap and cap-exempt petitions. In addition, the fee criteria for a change of status, amendment, or extension rely on whether the alien has a valid immigration status, a potentially subjective standard. Finally, the guidance emphasized that exceptions to this policy would be rare. We will continue to monitor developments as the meaning of the Proclamation evolves.

More Information:

USCIS Issues Guidance on $100,000 H-1B Visa Fee Proclamation

Forbes, “U.S. Immigration Service Issues Guidance On Who Pays The $100,000 H-1B Fee,” October 20, 2025