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On October 20, the U.S. Citizenship and Immigration Services (USCIS) issued additional clarifications regarding implementation of the Presidential Proclamation imposing a $100,000 fee on “new” H-1B filings. While open questions remain, the updated guidance provides clarification.
Petitions Not Subject to the Fee
- Those with previously issued and currently valid H-1B visas and approval notices.
- H-1B petitions submitted before September 21, 2025.
- Petitions for H-1B Extensions, Amendments, or Changes of Employer (transfers) for employees already in the United States. Likewise, change of status from F-1 (OPT or CPT) and J-1 to H-1B.
- Individuals with approved H-1B petitions will not become subject to the fee if they travel outside the United States.
H-1B Petitions Subject to the $100,000 Fee
- H-1B petitions filed for consular notification after September 21, even if the foreign national was in the U.S. when the petition was filed (though some exceptions may apply for individuals with existing valid H-1B visas).
- Foreign workers who are denied a change of status, amendment, or extension of status.
Update on MSU H-1B Sponsorships
- The University will allow sponsorship and the potential payment of the $100,000 fee if the department has the funds available and obtains prior VP approval.
Based on the most recent USCIS guidance, departments considering sponsorship of an H-1B petition should request a consultation with Human Resources Management. HRM will review the circumstances, confirm whether the petition falls under the new requirements, and coordinate next steps.
Please see link for more information about H-1B visas.