U.S. Citizenship and Immigration Services (USCIS) has implemented a new $100,000 petition fee requirement for certain H-1B applications following the Presidential Proclamation "Restriction on Entry of Certain Nonimmigrant Workers" issued September 19, 2025. USCIS guidance issued October 19, 2025 provides essential clarity for professionals pursuing this critical U.S. visa through change of status applications filed from within the United States.

When Does the $100,000 Fee Apply?

The fee applies specifically to new H-1B petitions filed on or after September 21, 2025, for beneficiaries located outside the United States without a valid H-1B visa. These petitions require consular processing through U.S. embassies, and employers must submit proof of payment through pay.gov when filing Form, I-129.

Key Exemptions for Change of Status Petitions

The proclamation explicitly exempts change of status petitions for individuals already inside the United States in valid nonimmigrant status. This protection covers:

• F-1 Students on OPT: Approved H-1B registrants maintaining valid F-1 status, including Optional Practical Training and STEM OPT extensions
• L-1 Visa Holders: Intra-company transferees in L-1A (executive/managerial) or L-1B (specialized knowledge) status switching employers
• H-1B extensions, amendments, and cap-exempt employer petitions

Important Compliance Requirements

To qualify for the exemption, the petition must specifically request and receive approval for change of status within the United States. If USCIS denies the change of status but approves consular processing, the $100,000 fee becomes applicable. International travel after approval requires careful planning to avoid complications with visa stamping abroad.

Current Processing Timeline

Form I-129 processing times average 4-6 months at most service centers, or 15 calendar days with premium processing. For FY 2026 H-1B cap-subject petitions, selected registrants have until June 30, 2026, to file.

Strategic Benefits for Employers

This policy preserves established transition pathways while introducing costs only for overseas consular processing. Employers benefit significantly by filing change of status petitions for F-1 and L-1 holders already in the United States, avoiding substantial additional fees on high-volume technology and engineering transitions processed through the immigration office.

Here at Law Offices of Thomas V. Allen, we provide precise guidance for H-1B change of status petitions, F-1 OPT transitions, and L-1 employer switches under current USCIS requirements.

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