The US administration has released detailed guidance on the newly introduced $100,000 H-1B visa fee, explaining who is required to pay and who qualifies for exemptions. This fee applies primarily to applicants outside the US seeking an H-1B visa, while many inside the country, including F-1 students and L-1 professionals, are exempt. The guidance also clarifies the process for paying the fee and conditions under which exceptions may be granted.

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• The $100,000 fee applies only to H-1B visa applicants located outside the US who are seeking to enter the country for the first time.

• Current H-1B visa holders inside the US, as well as F-1 students and L-1 professionals, are exempt from this fee.

• Individuals filing change-of-status petitions inside the US after 21 September 2025 will not be required to pay the $100,000 H-1B fee.

• The USCIS fee payment portal is now live on pay.gov, allowing applicants and employers to submit payments for required filings efficiently.

• Employers must pay the fee if the USCIS determines that a worker is ineligible for change of status or extension of their current visa.

• Exceptions to the fee are possible if the worker’s employment is considered in the national interest of the US, such as critical roles in healthcare, technology, or research.

• The fee does not apply to previously issued or valid H-1B visas, so existing employees and those renewing their visas under current status are unaffected.

• The Secretary of Homeland Security has authority to approve rare exceptions for critical workers whose contributions are essential to US national priorities.

• F-1 visas cover students enrolled in full-time academic programs, while L-1 visas are for intra-company transfers within multinational companies.

• Employers are responsible for filing Form I-129 along with the fee on behalf of employees when the fee is required, ensuring compliance with the new H-1B visa regulations.

• The guidance clarifies timelines and eligibility, helping both foreign workers and employers plan H-1B petitions under the new US immigration rules.

• This detailed guidance ensures transparency, reducing confusion and supporting proper adherence to the $100,000 H-1B visa fee policy.