On 20 October 2025, U.S. Citizenship and Immigration Services (USCIS) released clarifying guidance on the $100,000 payment requirement for certain H-1B petitions, following the presidential proclamation introducing the new payment issued on 19 September 2025. Per this guidance, the payment applies to H-1B petitions filed after 21 September 2025 for foreign nationals outside the United States who do not hold a valid H-1B visa, as well as petitions requesting consular processing, port of entry notification, or pre-flight inspection submitted on behalf of foreign nationals already in the United States. USCIS will also require the payment if an H-1B petition is filed requesting a change of status, amendment, or extension of stay but USCIS determines the change, amendment, or extension cannot or will not be granted, or if a foreign national departs the U.S. before adjudication of a change of status request because such departure has the effect of abandoning that request but still permits approval of the underlying H-1B petition.

A Tax Alert prepared by EY Law LLP group, and attached below, provides additional details.