Today USCIS has officially confirmed that the new $100,000 payment required under the Presidential Proclamation Restricting the Entry of Certain Nonimmigrant Workers does not apply to H-1B petitions filed as a change of status inside the United States. This clarification settles the key question immigration practitioners have debated for weeks—whether the $100,000 payment applies to H-1B cap cases filed as a change of status and whether those beneficiaries can later travel abroad without becoming subject to the fee.
Who is not subject to the $100,000 payment?
USCIS has been approving change-of-status H-1B petitions even after the Proclamation took effect. These include filings under both the annual H-1B cap and non-cap categories. The exemption applies to:
• F-1 students changing to H-1B status under the lottery
• H-4 dependents switching to H-1B status
• L-1 transferees or other nonimmigrants changing to H-1B while maintaining lawful status in the United States
None of these cases require the $100,000 payment.
The same exemption applies to amendments, extensions, and change-of-employer filings for H-1B workers already in the U.S.
USCIS also made clear that if a beneficiary’s change-of-status petition is approved and that person later travels abroad and reenters the U.S. on an H-1B visa stamp, the $100,000 payment still does not apply. Their eligibility remains tied to the change-of-status approval issued within the U.S.
This is what the update from USCIS says:
The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.
In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.
The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025. In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.
The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
Who is subject to the $100,000 payment?
The $100,000 payment applies to beneficiaries outside the United States at the time of filing. Specifically:
• New H-1B petitions filed for individuals abroad who do not hold a valid H-1B visa must include proof of the $100,000 payment
• Cap-subject petitions requesting consular processing for overseas workers are fully subject to the payment, even if the individual previously held H-1B status in the U.S.
• Former H-1B employees who left the U.S. after job loss and now seek to return through a new petition are also subject to the fee
• The rule can also apply if a change-of-status petition later converts to consular processing—for instance, if the beneficiary departs before adjudication or is found ineligible for the requested change of status
These overseas beneficiaries will be significantly impacted, as employers will not be able to file H-1B petitions for them without paying the $100,000 fee. The only realistic option for such individuals is to first enter the U.S. in another status, such as H-4, L-2, or L-1, and then have an employer file a change-of-status petition to H-1B from within the United States.
Why this clarification matters?
USCIS had already been approving non-cap H-1B change-of-status cases inside the U.S., but ambiguity persisted about two points: whether the $100,000 payment would apply to cap-subject change-of-status filings (such as F-1 to H-1B), and whether approved beneficiaries could travel abroad without triggering the fee. Today’s clarification answers both questions—the payment does not apply to any H-1B change-of-status filings made inside the U.S., and such individuals remain exempt even after travel.
This distinction creates a divided landscape within the H-1B program. Beneficiaries already in the U.S. retain a clear, affordable path to H-1B status, while those abroad face a prohibitive financial requirement.
Practical takeaways for employers and foreign workers
• Change-of-status H-1B filings—both under and outside the cap—are exempt from the $100,000 payment
• Beneficiaries who travel after approval remain unaffected
• Employers cannot file H-1B petitions for individuals outside the U.S. without first paying the $100,000 fee
• Workers abroad who hope to avoid the fee may consider entering the U.S. under another lawful status (H-4, L-2, L-1) and then seek a change of status to H-1B from within the country
• Employers should ensure petitions remain in change-of-status posture whenever possible to avoid triggering consular processing and the associated $100,000 requirement
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