H-1B Proclamation FAQ: USCIS Clarifies $100,000 Fee and October 2025 Updates
Written By:
David H. Nachman, Esq.
Ludka Zimovcak, Esq.
Snehal Batra, Esq.
Samantha Oberstein, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.
On September 19, 2025, President Trump signed a Presidential Proclamation requiring a $100,000 payment for certain H-1B petitions. Since then, federal agencies have released several rounds of clarifications.
To help employers, HR professionals, and visa holders understand how this rule is being applied, NPZ Law Group continues to update this “living” resource with the latest developments and official guidance.
Update: USCIS Guidance Issued on October 21, 2025
USCIS has provided additional clarification on the implementation of the $100,000 H-1B petition fee under the Presidential Proclamation.
The agency confirmed that the fee applies only to new H-1B petitions filed on or after September 21, 2025, for individuals outside the United States. Petitions for extensions, amendments, or changes of status within the U.S. are not subject to the new payment requirement.
Employers must make the payment through the official pay.gov system at the time of filing and retain documentation for compliance. USCIS also emphasized that National Interest Exceptions (NIEs) will be approved only in rare, case-specific circumstances, and that the H-1B1 visa category for Singaporean and Chilean citizens is unaffected by the Proclamation.
Summary of USCIS Clarifications (as of October 21, 2025)
| Filing Type | Subject to $100,000 Fee? | Notes / Clarifications |
| New H-1B Petition (Worker Outside the U.S.) |  Yes |
Applies to petitions filed on or after Sept. 21, 2025. Payment required via pay.gov. |
| Extension of Stay |  No |
Petitions for ongoing employment with the same employer are not affected. |
| Amendment / Change of Employer | No |
Not covered by the new rule; regular H-1B filing fees continue to apply. |
| Change of Status (Inside the U.S.) | No |
Individuals already in valid U.S. status changing to H-1B are exempt. |
| H-1B1 (Singapore / Chile) | No |
DOS and USCIS confirmed this category is not covered by the Proclamation. |
| Nurses (Schedule A Occupations) | Possibly Exempt | May qualify for a National Interest Exception (NIE) based on U.S. healthcare shortages. |
New FAQ – October 2025 Updates
Do H-1B amendments or extensions require the $100,000 fee?
No. The fee applies only to new petitions filed for workers outside the United States. Existing H-1B employees can continue to file extensions, amendments, or changes of employer using the standard fee structure.
How is the $100,000 fee paid?
Employers must submit payment through the official pay.gov system and include proof of payment with the H-1B filing.
Are National Interest Exceptions (NIEs) still available?
Yes, but they will be granted sparingly. Employers must clearly demonstrate that the worker’s role serves the U.S. national interest and does not adversely affect domestic labor markets.
Does the Proclamation affect H-1B1 professionals from Singapore or Chile?
No. The Department of State and USCIS confirmed that the Proclamation does not apply to H-1B1 petitions.
NPZ Law Group’s Guidance
The new USCIS guidance provides important clarification but also leaves open questions about implementation and future litigation. NPZ Law Group advises employers to:
- Confirm whether upcoming petitions fall under the new fee rule.
- Maintain clear proof of payment and supporting records.
- Evaluate whether a National Interest Exception may apply to critical roles.
NPZ attorneys continue to monitor agency guidance and court challenges and will provide updates as new developments arise.
Contact NPZ Law Group
If you or your organization have questions about how the new H-1B rules or related litigation may affect your immigration planning, please contact NPZ Law Group at info@visaserve.com or call 201-670-0006