Client Alert: USCIS Issues Operational Guidance On New $100,000 H-1B Payment

USCIS has issued updated guidance on the H-1B $100,000 payment, providing some much needed clarification for employers. Below is a breakdown of the update and what we now know.

Who must pay

The $100,000 payment applies to H-1B petitions filed on/after Sept. 21, 2025, in these scenarios:

• Beneficiary is outside the U.S. without a valid H-1B visa.
• Petitions (even if the worker is in the U.S.) that request consular notification / port-of-entry notification / pre-flight inspection.
• Petitions requesting change of status, amendment, or extension where USCIS later determines the individual is ineligible for that benefit (e.g., not maintaining status; beneficiary departs before adjudication). In those cases, the Proclamation kicks in and the $100,000 payment must be made per USCIS instructions.