USCIS H-1B $100K Payment Requirement

USCIS has posted an important update regarding H-1B filings (https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations).

Below is a summary of how this change impacts our Penn community.

Who Must Pay

Applies to:

• New H-1B petitions for beneficiaries outside the United States who do not hold a valid H-1B visa.
• Petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for a beneficiary currently in the U.S.
• Petitions requesting change of status, amendment, or extension if USCIS later determines the beneficiary is not eligible for such change or extension (e.g., the individual is out of status or departs the U.S. before adjudication).

Does not apply to:

• Individuals with an existing, valid H-1B visa.
• Petitions filed before September 21, 2025.
• Amendments, changes, or extensions granted for beneficiaries inside the U.S.

Payment Instructions

• A $100,000 payment must be submitted via pay.gov before filing the petition.
• Proof of payment (or DHS exception approval) must accompany the petition submission.
• Petitions without proof of payment or an approved exception will be denied.

Exceptions

The Secretary of Homeland Security may grant an exception only in extraordinarily rare circumstances, meeting all of the following criteria:

1. The worker’s presence is in the national interest.
2. No qualified U.S. worker is available for the position.
3. The worker poses no risk to U.S. security or welfare.
4. Requiring payment would undermine U.S. interests.

Exception requests, including all supporting evidence, must be sent to H1BExceptions@hq.dhs.gov.

For questions or guidance on proper documentation and filing, please contact Chiwei Huang Ma, S.J.D., Associate Director for Faculty and Scholar Services, at cwhuang@upenn.edu.