On October 20, 2025, USCIS published guidance on the new $100,000 H-1B fee.
The following H-1B visa petitions will not be subject to the fee:
- Extension of Stay
- Change of Status (e.g. from F-1 to H-1B while inside the United States)
- Change of Employer
- Amendment (material changes to a current H-1B, such as a change to worksite location, job functions, salary, etc.)
The guidance also states that the beneficiary of any of the four petition types listed above will not be subject to the $100,000 fee if the petitioner travels outside the United States and applies for a visa based on the approved petition and/or seeks to re-enter the United States on a current H-1B visa.
New initial H-1B petitions, where the beneficiary is or will be located outside of the U.S., and will require consular processing, will be subject to the fee. This includes petitions from cap-exempt organizations such as universities and other research organizations. The Secretary of Homeland Security may grant an exemption to the $100,000 fee in “extraordinarily rare circumstances”. As more information becomes available regarding documentation needed for an exemption, we will update this page.
For additional guidance, please contact International Faculty and Scholar Services (IFSS) by emailing ischolar@ucsc.edu or scheduling an appointment.