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No. Individuals with an approved H-1B before September 21, 2025, are not impacted by the new fee requirement.

No, unless the H-1B petition filed after September 21, 2025 and was approved for consular processing (i.e., the beneficiary must apply for an H-1B visa at a U.S. consulate and then enter the U.S. in H-1B status).

The  states that if you are the beneficiary of an approved petition for H-1B (filed before or after September 21, 2025) you will not be considered subject to the $100,000 fee if you subsequently depart the United States and apply for a visa abroad based on the approved petition and/or seek to reenter the United States on a current H-1B visa.

No. Per the  it states that the EP “does not impact the ability of any current visa holder to travel to or from the United States.” Although, ISSS would like to caution those traveling abroad as the federal government can be unpredictable with last minute changes that could affect your return to the U.S.

No. The  states that the EP “does not prevent any holder of a current H-1B visa from traveling in and out of the United States.”

No.

According to the updated USCIS guidance, this payment is not required for petitions requesting an amendment, extension, change of employer, or change of status within the U.S. For example, individuals who currently hold F-1 OPT, J-1 or TN or another nonimmigrant status – whether at another university or elsewhere – are eligible for a change of status to H-1B within the U.S. without triggering the $100,000 fee requirement.

Yes. The 100,000 fee is a one-time fee on submission of a new H-1B petition.

The EP applies to any H-1B petition filed on and after September 21, 2025 on behalf of a prospective H-1B beneficiary who is outside the U.S.

Unknown.

The EP permits the Department of Homeland Security (DHS) to exempt “all aliens working in an industry” if DHS determines that “the hiring of such aliens to be employed as H-1B specialty workers is in the national interest and does not pose a threat to the security or welfare of the U.S.” No guidance has been issued if such an exemption is being considered.

No. Employers are required to cover the cost of payment for all related fees.

Exceptions to the $100,000 payment will be granted by the Secretary of Homeland Security in the "extraordinarily rare circumstance" where the Secretary has determined that all four points are met:

• H-1B employee is in the national interest;
• No American worker is available to fill the role;
• The worker does not pose a threat to the security or welfare of the United States; and
• Requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States. 

NOTE:  No further guidance has been provided on the above points.

Waiver requests will need to be coordinated by the department on UAF letterhead and signed by the Dean or Director only.  Departments must send a scanned copy of the signed letter via email to ISSS for processing.

The EP will expire in 12-months (September 2026), unless extended.

Due to the federal government shutdown, we cannot proceed with any H-1B request. The Department of Labor is closed and plays an integral part of the H-1B petition.

ISSS is proactively collecting H-1B documentation from departments so that when the U.S. government reopens we will ready to begin work as needed on requests for extensions, change of status, change of employer, and amendments for those within the United States.

It is recommended that you inform us of any potential hires. We are reviewing the documentation and, if possible, recommending alternate immigration statuses in lieu of the H-1B (e.g. TN (Canadian and Mexican citizens), O-1A (Extraordinary Ability)). If there is no alternate status and an immediate hire is needed, we are recommending departments work with UA HR regarding remote work outside the U.S.