Immigration Update: USCIS Adds Guidance on H-1B $100,000 Fee and Government Shutdown Exceptions

ALBANY, NY | After President Trump’s 9/19/2025 issuing of a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which aims to address systemic abuse of H-1B nonimmigrant visas, the United States Immigration and Citizenship Services (USCIS) amended it’s the H-1B Specialty Occupations webpage on 10/20/2025 to add a segment specifically for relevant information called, “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”

This new addition to USCIS’s website now makes clear exactly how the Proclamation’s additional $100,000 payment impacts H-1B petitions filed on or after 12:01 am eastern daylight time on September 21, 2025.

WHO IS COVERED AND HAS TO PAY THE $100,000 FEE?

• The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S.
• The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date.
• It does not appear to impact H-1B workers already in the U.S.

 WHO IS NOT COVERED?

• Extensions of stay inside the U.S., including change of employer, change of status and amended petitions are not expressly covered, so unless instructed otherwise, it appears they are exempt.
• Petitions filed prior to the effective date of the proclamation.

HOW TO MAKE THE PAYMENT:

• Submit the mandated $100,000 payment using pay.gov at: https://www.pay.gov/public/form/start/1772005176

WHEN TO MAKE THE PAYMENT:

• Before a petition may be filed with USCIS.
  • After, be sure provide a receipt that payment has been scheduled via pay.gov or show that an applicable exception from the $100,000 payment from the Secretary of Homeland Security at the time of the H-1B petition’s filing.
• It is important to recognize that a petition will be rejected if it is not filed with receipt of payment from pay.gov or verification of an applicable exception from the Secretary of Homeland Security.

EXCEPTIONS GRANTED BY THE SECRETARY OF HOMELAND SECURITY:

• • Exceptions to the $100,000 fee granted by the Secretary of Homeland Security only occur under conditions that the Secretary considers to be unique.
  • Although it is rare, the Secretary considered a condition to be unique when:
    • a specific alien worker’s being in the United States as an H-1B worker “is in the national interest,
    • that no American worker is available to fill the role,
    • that the alien worker does not pose a threat to the security or welfare of the United States, and
    • that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.”
    • Petitioners who believe they satisfy these requirements may submit a request for an exception via email to the U.S. Department of Homeland Security.

On its H-1B Specialty Occupations webpage, the United States Immigration and Citizenship Services (USCIS) has posted an alert to address the federal government shutdown and how it impacts the filing of petitions.

USCIS explains that despite the shutdown, it will, in fact, continue to review H-1B, H-2A, and H-2B related Form I-129 petitions and CW-1 related Form I-129CW petitions.

The alert further makes clear that USCIS will consider the government shut down as a unique condition beyond a H-1B, H-2A, H-2B, or CW-1 petitioner’s own ability when deciding if such circumstance can count as an excuse for his or her failure to file the extension of stay or change of status request in time.

However, USCIS will only consider the government shut down as a unique condition if that petitioner is able to successfully satisfy all other application requirements as well as provide proof to show that the main basis for not filing of an extension of stay or change of status request was actually because of the government shutdown and not for any other reason.

Lastly, USCIS says that it will continue to watch this situation and, if necessary, will share further instructions and recommendations with the public.

More details can be found in Vol. 2, Part A, Chapter 4 of the USCIS Policy Manual: https://www.uscis.gov/policy-manual/volume-2-part-a-chapter-4

Written by: Attorney, Douglas L. Goldman and Law Clerk, Kylie Gilbride.

The Towne Law Firm’s immigration team assists businesses and individuals in navigating complex visa and compliance matters. Led by Immigration Practice Leader Douglas Goldman, our attorneys guide clients through every step of the H-1B process and other employment-based immigration programs.