USCIS Publishes Additional Guidance to Clarify the $100,000 H-1B Fee Proclamation

USCIS Provides Clarification on the $100,000 H-1B Fee Proclamation 

On October 20, USCIS published additional guidance regarding the September 19 Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” 

 This new guidance clarifies the following points:  

1. Individuals outside the U.S. who possess a valid H-1B visa are not required to pay the $100,000 H-1B fee.  

2. H-1B petitions requesting a change of status, amendments, or extensions of stay are exempt from the $100,000 fee. This means that current or new incoming Drexel employees who need to change their status within the U.S. (e.g., from F-1 to H-1B, or J-1 to H-1B) will not incur this fee. Additionally, amendments or extensions of current H-1Bs will also be fee-exempt.  

However, if any of these requests are denied but approved for consular processing, the individual must leave the U.S., and the fee must be paid before obtaining an H-1B visa to return.  

3. The Proclamation does not prevent holders of valid H-1B visas or any beneficiaries after petition approval from traveling in and out of the United States.  

4. For new H-1B petitions filed for individuals outside the U.S., the fee must be paid before the petition is submitted. 

5. If an individual departs the U.S. before their H-1B petition is approved, they will be subject to the fee.  

For more detailed information, please consult Klasko’s website.  

Next Steps:

• ISSS will continue working with departments to review eligibility for Drexel’s visa sponsorship, including H-1B visas. An important part of this review will now involve determining if the individual is subject to the $100,000 fee. As a reminder, the first step in our review process is to request that an Immigration Screening Questionnaire be completed, indicating the individual’s status (in the U.S. or abroad).
• Departments are reminded to contact ISSS early to discuss work visa sponsorship and to remain flexible with employment start dates, as the process may take longer due to the individual’s immigration history and other external factors.
• H-1B employees should consult with ISSS before planning any international travel if their H-1b visas have expired, or if they will be applying for an H-1b visa following the approval of their petition.

Should you have any questions, please reach out to ISSS at isss@drexel.edu