ICYMI: Graduates of U.S. Institutions Exempt from $100,000 H-1B Fee, Questions Remain

In September, a White House proclamation, Restriction on Entry of Certain Nonimmigrant Workers, was issued stating, “the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under [the H-1B visa program], is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.” The fee applies to petitions filed after September 21, 2025. 

The announcement caused concern and confusion across the higher education and research communities, including whether the fee is intended for private sector employers or if it would also apply to U.S. colleges and universities who rely on H-1B visas for employees with specialized scientific training.

In October, the U.S. Citizenship and Immigration Services (USCIS) clarified that the fee does not apply to recent graduates of U.S. institutions planning to work in the U.S. as that scenario would constitute a change of status from a student F-1 visa to an H-1B visa. However, there remains no blanket exemption for university employers as sought by higher education associations.

The new policy is being challenged in court by the U.S. Chamber of Commerce and a coalition that includes the American Association of University Professors.