/Office of Global Affairs
Visa and Immigration Services

H-1B $100,000 Fee: Overview & FAQ

On September 19, 2025, the White House issued a proclamation titled, “Restriction on Entry of Certain Nonimmigrant Workers.” The Proclamation imposes new conditions on the H-1B category, including a $100,000 fee for certain petitions filed on or after September 21, 2025.

Key Highlights:

  • The $100,000 fee applies to H-1B petitions filed on or after September 21, 2025, for individuals outside of the U.S. requesting consular or port-of-entry notification.
  • The fee does not apply to petitions for individuals already in the U.S., including:
      • Change of status
      • Extensions of stay
      • Changes of employer
  • If USCIS denies a change or extension of status but approves the underlying petition (converting it to consular processing), the $100,000 fee becomes required.
  • If a change or extension is approved, and the individual later departs and applies for an H-1B visa abroad, no fee is required to obtain the visa.

Recruitment Guidance

The university is committed to employing the best and brightest and therefore encourages departments to continue considering international candidates in their searches, while planning for the full range of required H-1B fees, including the potential for the $100,000 fee.

Contact Visa and Immigration Services (VIS) if you identify a finalist (or near-finalist) who may require visa sponsorship now or in the future. Early consultation helps determine viable employment-based immigration options for the position and avoids surprises for both the candidate and the department.

For additional questions or concerns, please contact vis_scholar@stonybrook.edu

Important Considerations for Departments

  • If you are hiring a candidate from outside the U.S., this fee may apply.
  • Do not assume exemption—case details matter.
  • If a change or extension of status is denied but the petition is approved for consular processing, the $100,000 fee may still be triggered.
  • If a change or extension is approved and the employee later travels abroad, no additional fee is required for visa stamping.

Q&A

We've compiled the following questions and answers to provide you with the most up-to-date information regarding the proclamation, and the H-1B fee justification and procedure. This is for your general awareness and informational purposes only. 

A presidential proclamation titled Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. (effective 12:01 a.m. EDT September 21, 2025) introduced an additional $100,000 fee for certain new H-1B petitions.

  • Applies to H-1B petitions filed on or after September 21, 2025.
  • Applies to petitions filed on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa.
  • Applies to petitions that are filed requesting consular notification, port of entry notification, or pre-flight inspection for an individual in the U.S.
  • And/or to petitions that request a change of status or amendment/extension of stay where USCIS determines that the beneficiary is ineligible for a change or extension of status within the U.S. (e.g. is not in a valid nonimmigrant visa status, or if they depart that U.S. prior to adjudication and abandon the change of status request.) Thus USCIS denies the request (but approves the underlying petition, converting it to a consular case), the fee then becomes required.

  • Does not apply to any previously issued/currently valid H-1B visas
  • Does not apply to any petitions submitted prior to Sept. 21, 2025. 
  • Does not apply to any petitions filed (even after Sept. 21, 2025) requesting an amendment, change of status, or extension of status.
  • If a change or extension of status is approved, and the individual later departs and applies for an H-1B visa abroad, no fee is required to obtain the visa.

No, USCIS has confirmed that this is a one-time fee based on submission of a new H-1B petition.

The fee is currently in effect until September 21, 2026.

No- under current federal guidance, the new $100,000 H-1B fee does not apply to international travel or re-entry for people who already hold valid H-1B visas or status.

If a finalist for a position may trigger the $100,000 H-1B fee, the department first issues a contingent offer and sends the candidate’s materials to Visa and Immigration Services (VIS). VIS reviews the case, confirms whether H-1B is the appropriate category, and determines if the fee applies.

If the fee is required, the department must complete the H-1B Fee Justification & Approval Form and obtain approval from the Dean and the relevant Executive Vice President area before issuing a final offer. Personal funds from the employee cannot be used toward this fee.

Once all approvals are in place, the department may extend the final offer and submit the H-1B request to immigration counsel. The $100,000 fee must be paid through Pay.gov before the petition can be filed.

Full list of instructions can be found on the Institutional Procedure on Responsibility for the $100,000 H-1B Fee document.