USCIS now demands a $100,000 fee for some H-1B visa applicants after a new presidential proclamation, causing confusion and legal challenges.

USCIS has started demanding a $100,000 fee via Requests for Evidence for certain H-1B visa applications, following a September 2025 presidential proclamation. The fee applies to new applicants outside the U.S. and those needing consular processing after September 21, but confusion persists as RFEs are appearing in cases where the fee may not apply, such as H-1B recapture petitions. Legal experts question the fee’s legality, citing unclear language in the proclamation and potential violations of immigration law. Indian applicants, who make up about 70% of H-1B visas, are especially affected, facing delays and uncertainty. Employers are responding by pausing overseas hiring, relocating workers, or investing in domestic training. Legal challenges are underway, including by the U.S. Chamber of Commerce, while many firms adopt strategic adjustments due to the program’s instability.