On October 20, 2025, USCIS issued guidance clarifying the scope of the Presidential Proclamation regarding H-1B petitions, specifically addressing the $100,000 additional payment requirement.
According to the updated USCIS guidance, this payment is not required for petitions requesting an amendment, extension, change of employer, or change of status within the U.S. Importantly, USCIS also confirmed that beneficiaries of such approved petitions will not become subject to the $100,000 fee when they travel internationally or apply for a visa at a U.S. embassy or consulate. However, if a beneficiary is not eligible for an amendment, extension, change of employer, or change of status within the U.S., the Proclamation—and the $100,000 payment—will apply.
In summary, the fee is required only for beneficiaries who are either outside the U.S. or who are ineligible for an amendment, extension, change of employer, or change of status within the U.S.
Please consult with your FSIS adviser should you have any questions or concerns about the Proclamation, its impact on current employees or new hires who are already in the U.S., or to discuss available immigration status and sponsorship options for individuals who are subject to the Proclamation, e.g. new hires who are abroad.
The USCIS guidance also explains how employers can pay the fee and how to request a national interest exception.
Note that several legal challenges to the Presidential Proclamation have been filed, which may further affect the Proclamation’s impact in the future. We will continue to monitor developments and provide updates as warranted.