USCIS Clarifies $100K One‑Time H‑1B Fee

USCIS clarified that the $100,000 H‑1B charge is a one-time fee that applies only to new H‑1B petitions for beneficiaries outside the United States (consular processing) filed on or after 12:01 a.m. EDT on Sept. 21, 2025. The agency said the fee does not apply to domestic change-of-status petitions, amendments, extensions, previously filed petitions, or currently valid H‑1B visas. USCIS said employers — not beneficiaries — must pay the fee at filing through a dedicated online portal, that the charge cannot be passed to employees, and that petitions lacking required proof of payment or an approved exemption may be denied. The clarification relieved immediate uncertainty for international students and other in‑country applicants transitioning from F‑1 to H‑1B, but critics and pending lawsuits call the rule overreach and warn it leaves lingering uncertainty for consular filings and potential future policy changes.