1. H-1B extensions, change of status, change of employer, or amendment petitions for beneficiaries physically in the U.S. do not require the $100,000 payment, even if the beneficiary later departs the U.S. and applies for a visa or reenters on an approved H-1B.
2. If USCIS determines that a beneficiary physically in the U.S. at the time of filing is ineligible for a change of status, amendment, or extension (e.g., failure to maintain valid nonimmigrant status or departure before adjudication), the $100,000 payment will be required for USCIS to approve the petition as a consular notification.
3. For beneficiaries outside the U.S. at the time of filing, all H-1B petitions filed on or after September 21, 2025, including extensions with the same employer, are subject to the $100,000 payment.
| Beneficiary Location when Petition is filed | Petition Type | Does the Fee Apply? |
|---|---|---|
|
Inside the U.S. |
Pending/Approved Petition filed before Sep. 21, 2025
Extension with the same employer New Petition (Change of Status / Change of Employer / Amendment) |
No
No No |
| Outside of the U.S.
(Consular Notification) |
Pending/Approved Petition filed before Sep. 21, 2025
Extension with the same employer New Petition (CAP/CAP-Exempt/Change of Employer/Amendment) |
No
Yes Yes |
1. The beneficiary’s presence in the U.S. is in the national interest;
2. No American worker is available for the role;
3. The worker does not pose a threat to U.S. security or welfare; and
4. Requiring the payment would significantly undermine U.S. interests.