As a reminder for all employers considering sponsoring an employee via the H-1B Visa Program, on October 20, 2025, USCIS released detailed guidance explaining who must pay, who is exempt, how to submit payment via pay.gov, and the process for requesting exceptions. This guidance clarifies that the fee primarily applies to new petitions for workers outside the U.S., while most existing H-1B holders and U.S.-based hires remain unaffected.

Who Must Pay

• New H-1B petitions for workers outside the U.S. without a valid H-1B visa.
• Petitions requesting consular or port-of-entry notification.
• Petitions denied due to ineligibility for change of status or extension.

Who Is Exempt

• F-1 students changing status to H-1B.
• Current H-1B holders seeking amendments, extensions, or employer changes.
• Workers reentering on an existing valid H-1B visa.
• Petitions filed before September 21, 2025.

Key Point: Most U.S.-based hires and existing H-1B workers are unaffected.

Payment Process

• Pay via pay.gov before filing, following this link.
• Include proof of payment or approved exception with the petition.
• Missing documentation means an automatic denial.

Exceptions

• Granted only in extraordinarily rare cases where:
  • Workers’ presence is in the national interest.
  • No qualified U.S. worker is available.
  • Worker poses no security risk.
  • Fee would harm U.S. interests.

• Requests must be emailed to H1BExceptions@hq.dhs.gov with supporting evidence.

For additional information:

• USCIS – H-1B Specialty Occupations
• USCIS – H-1B FAQ

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