H-1B Fee Confusion: USCIS Charging $100K Blindly?

The $100,000 fee for H-1B visas created concern among US employers, employees, and future applicants. The sudden announcement by the US president caused confusion. It was not immediately clear who would need to pay this fee.

Even after six months, the scope of the rule remains uncertain. Murthy Law Firm noted that USCIS guidance suggests the fee applies only to certain new H-1B filings submitted on or after September 21, 2025. These mainly involve beneficiaries outside the US requesting consular processing.

However, the firm says actual USCIS actions appear very different. According to Murthy, RFEs are being issued in many consular processing cases. This includes cases where workers already have a valid H-1B visa stamp.

The issue is also being seen in extension, amendment, or change of status petitions. In several such cases, USCIS is still asking for the $100,000 fee. This has created further uncertainty for applicants and employers.

Lawyers are responding by arguing that many workers do not fall under the fee rule. Even then, some cases are facing long delays without action. That has increased frustration across affected applicants.

Premium processing has also not solved the problem in some situations. Certain cases are reportedly resolved only after a visa stamp expires. This can result in denial and serious setbacks for employees.

One unclear rule can quietly affect travel plans, jobs, and future decisions. Applicants under consular processing should stay alert. The scope of the $100,000 H-1B fee still remains uncertain.