H-1B guidance

Source: https://oia.osu.edu/scholars/h-1b-workers/h-1b-guidance Parent: https://oia.osu.edu/

On Sept. 19, 2025, President Trump signed an executive order requiring an additional $100,000 fee for H-1B workers entering the United States. The situation remains fluid, but current government guidance is provided below.

The $100,000 fee does not apply to:

• H-1B nonimmigrants for whom petitions were submitted prior to September 21, 2025.
• H1-B petitions for amendments, extensions or changes of status for individuals in the United States (e.g., change of status from F-1 to H-1B).

The $100,000 fee does apply to (there is no exemption for institutions of higher education):

• H-1B petitions filed on or after September 21, 2025 for individuals outside of the United States without valid H-1B visas.
• H-1B petitions filed on or after September 21, 2025 for consular notification (whether or not the individual is inside or outside the United States).

U.S. Citizenship and Immigration Services may request the $100,000 fee if it determines an individual to be ineligible for an in-country change to or extension\amendment of H-1B status, but the underlying H-1B petition is approvable and the individual must apply at a consulate overseas to return to the United States in H-1B status.

Exceptions to the $100,000 payment may be granted in “extraordinarily rare” circumstances. More information can be accessed at uscis.gov under Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.

Updated: November 18, 2025