Understanding The New $100,000 H-1B Fee: Key Implications And Uncertainties

The recent presidential proclamation introducing a $100,000 fee for new H-1B petitions has raised many questions and concerns among employers and foreign nationals. This client alert provides the latest insights based on the proclamation and subsequent guidance.

USCIS has issued guidance clarifying that the new fee does not change any payments or fees required to be submitted in connection with H-1B renewals. The fee is a one-time fee applicable upon the submission of a new H-1B petition. Furthermore, the fee does not prevent any holder of a current H-1B visa from traveling in and out of the United States.

The proclamation does not provide exceptions for cap-exempt H-1B petitions, employment, or entries. It remains unclear whether cap-exempt organizations might qualify for a national interest exception solely based on their cap-exempt status. Additionally, Canadian nationals, despite being visa-exempt, are subject to the proclamation in the same manner as