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U.S. Citizenship and Immigration Services (USCIS) Website
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Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
How to Pay the $100,000 Fee?
Paying the $100K: Newly Announced USCIS Requirement.
USCIS has just released guidance on the new $100,000 payment. A quick breakdown of how to pay, who it affects, and how to request an exception.
How to Pay the $100,000 Payment?
🟢 Use PAY.gov Link to submit the required $100,000 payment.
-> Click the Preview Form button to view the form before starting.
-> Click the “Continue to the Form” button to proceed to form entry.
Who Must Pay the $100,000 Fee?
Employers filing new or otherwise ineligible H-1B petitions on or after September 21, 2025, for beneficiaries without valid H-1B visas are required to pay the $100,000 fee.
| ✅ $100,000 fee applies when | ❌ $100,000 fee does not apply when |
|---|---|
| A new H-1B petition is filed on or after September 21, 2025 (12:01 a.m. EDT). | The petition was submitted before September 21, 2025 (12:01 a.m. EDT). |
| The beneficiary is outside the United States and does not have a valid H-1B visa. | The alien already has a valid H-1B visa issued before that date. |
| The petition requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States. | The petition is filed on or after September 21, 2025, for an alien inside the U.S. and the amendment/change/extension is granted. |
| In addition: if a change of status, amendment, or extension of stay is filed on or after September 21, 2025, and USCIS determines the beneficiary is ineligible (e.g., out of status or departs the U.S. before adjudication). | The alien beneficiary of an approved petition later travels abroad and reenters on a current H-1B visa. |
Who Qualifies for an Exception?
✅ Exceptions to the $100,000 payment may be granted only by the Secretary of Homeland Security, and only in extremely rare and extraordinary circumstances, where the Secretary determines that a particular alien worker meets all of the following conditions:
- The worker’s presence in the United States as an H-1B employee is in the national interest of the United States.
- No qualified American worker is available to fill the position.
- The alien worker does not pose a threat to the security or welfare of the United States.
- Requiring the petitioning employer to make the payment on the worker’s behalf would significantly undermine U.S. interests.
-> How to request an exception:
Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov
Presidential Proclamation
🔹 New H-1B petitions filed on or after September 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility.
🔹 Petitioners must submit a copy of the proof of the payment from Pay.gov or evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition.
🔹 Petitions subject to the $100,000 payment that are filed without proof of payment or an approved exception will be denied.