Updated 2026-06-30 · Sept 2025 Presidential Proclamation on H-1B ($100,000 fee)
Does the new $100K H-1B fee apply to my transfer or extension?
The $100,000 headline set off panic — including among people it doesn't touch. If you're already in the US on H-1B and you're changing employers or extending, this almost certainly is not your problem. Here's the actual scope.
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If you're laid off and weighing a transfer, lock in your real 60-day deadline first — the fee scare shouldn't distract from the clock that actually matters.
What the fee actually applies to
It does NOT. The Sept 2025 proclamation applies only to NEW H-1B petitions for workers OUTSIDE the US. Transfers, extensions, and change-of-status for workers already here are unaffected.
The distinction is about WHERE you are and whether the petition is NEW. The proclamation targets new H-1B petitions filed for workers who are outside the United States. If you're already here in valid status and your employer files a transfer, an extension, or a change of status on your behalf, you're on the domestic side of that line.
Why the confusion is so common
The number is huge and the coverage was loud, so people assumed the worst — that any H-1B action now costs $100K. It doesn't. A laid-off worker porting to a new employer under AC21, or an employer extending a current worker, is filing exactly the kind of petition the proclamation does not reach. Don't let the fear talk you out of a transfer that's actually available to you.
The moving-target caveat
Immigration policy in this area is being litigated and can shift, so confirm the current scope against the latest official guidance (and with an attorney) before making a big decision — but as it stands, the fee is not a transfer/extension tax on workers already in the US.
This is general information, not legal advice. Your exact outcome depends on your specific facts — country of birth, I-140 status, priority date, and timing — and an immigration attorney can confirm what applies to your case.
Frequently asked questions
Does the $100K fee apply when I change H-1B employers?
No. The September 2025 proclamation applies to new H-1B petitions for workers outside the US. A transfer for a worker already in the US in valid status is not covered.
Does it apply to my H-1B extension?
No. Extensions for workers already in the US are not covered by the $100K fee, which targets new petitions for workers abroad.
Could this change?
This area is being litigated and can shift, so confirm against the latest official guidance before a major decision. As it stands, transfers/extensions for workers already in the US are not subject to the fee.
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