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Employers filing these petitions must pay the $100,000 fee at the time of submission or the petition will be rejected. USCIS also explained that this fee is not required for H-1B extensions, amendments, or transfers for individuals already in the United States—those filings continue under the standard fee structure.
The proclamation, effective September 21, 2025, is intended to prioritize higher-skilled and higher-paid positions, while limiting new entries unless the employer pays the required fee. USCIS also noted that employers should expect additional Department of Labor review of prevailing wage issues and increased scrutiny of the job’s skill level. Petitioners with upcoming H-1B filings for workers abroad should prepare for the new cost and ensure they are paying the correct fee, as USCIS will reject incomplete or improperly paid filings once the rule is fully in effect.