Headlines:
USCIS Releases Further Steerage on New $100,000 H-1B Payment – U.S. Citizenship and Immigration Companies (USCIS) introduced further steering associated to the Presidential Proclamation establishing a $100,000 price for brand spanking new H-1B petitions. Amongst different issues, USCIS emphasised that petitions topic to the price which are filed with out proof of fee or the grant of an exception will likely be denied.
USCIS Discusses Affect of Shutdown on Sure H and CW Petitions – U.S. Citizenship and Immigration Companies stated it is going to course of H-1B, H-2A, and H-2B-related Type I-129 petitions and CW-1-related Type I-129CW petitions throughout the federal authorities shutdown. If the petitioner paperwork that the shutdown was the first purpose for a delay in submitting an extension of keep or change of standing request, the company will think about the federal government shutdown an “extraordinary circumstance past the petitioner’s management.”
Particulars:
USCIS Releases Further Steerage on New $100,000 H-1B Payment
On October 20, 2025, U.S. Citizenship and Immigration Companies (USCIS) introduced further steering associated to the September 19, 2025, Presidential Proclamation, Restriction on Entry of Sure Nonimmigrant Staff. As of September 21, 2025, new H-1B petitions should be accompanied by a further $100,000 fee as a situation of eligibility.
USCIS emphasised that for H-1B petitions topic to the Proclamation, “petitioners should submit a replica of the proof of the fee from pay.gov or proof of an exception from the price from the Secretary of Homeland Safety on the time of submitting the H-1B petition. Petitions topic to the $100,000 fee which are filed with out proof of fee or the grant of an exception will likely be denied.”
USCIS has confirmed that:
- Those that are outdoors of the USA however have legitimate H-1B visas aren’t topic to the $100,000 H-1B price.
- H-1B petitions requesting a change of standing, modification, or extension of keep aren’t topic to the $100,000 price, except that request is denied (successfully approving the petition for consular notification).
- The Proclamation doesn’t forestall any holder of a present H-1B visa, or any beneficiary following petition approval, from touring out and in of the USA.
- The price directions state that for brand spanking new H-1B petitions on behalf of people outdoors the USA, the price should be paid earlier than the petition is filed.
The October 20 steering didn’t point out H-1B1 visas. As such, it’s unclear whether or not the Proclamation applies to Chileans and Singaporeans making use of for H-1B1 visas. On September 29, nonetheless, the U.S. Embassy of Singapore said that the Proclamation “doesn’t apply to the H-1B1 visa for Singaporean residents. There isn’t any change to the H-1B1 course of at the moment.”
On October 20, USCIS up to date the H-1B Specialty Occupations web page to incorporate a piece, “Presidential Proclamation on Restriction on Entry of Sure Nonimmigrant Staff.”
USCIS Discusses Affect of Shutdown on Sure H and CW Petitions
U.S. Citizenship and Immigration Companies (USCIS) introduced that it’ll course of H-1B, H-2A, and H-2B-related Type I-129 petitions and CW-1-related Type I-129CW petitions throughout the federal authorities shutdown. “We acknowledge, nonetheless, that the shutdown might have an effect on a petitioner’s skill to get required documentation (corresponding to a labor situation utility or a brief labor certification from the U.S. Division of Labor), which can delay their skill to file Type I-129 or Type I-129CW.”
If an H-1B, H-2A, H-2B, or CW-1 petitioner meets all different relevant necessities and submits proof establishing that the federal government shutdown was the first purpose they didn’t well timed file an extension of keep or change of standing request, USCIS will think about the federal government shutdown an “extraordinary circumstance past the petitioner’s management” when it determines whether or not to excuse the failure to well timed file.
USCIS stated it is going to monitor the state of affairs and publish further steering if wanted.
