51��������

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

No, but consult with ISSS for further information.

The  states that the EP “does not apply to aliens who: are the beneficiaries of petitions that were filed prior to [September 21] [or] are the beneficiaries of currently approved petitions.” It follows that if the approved H-1B petition remains valid, the beneficiary should remain eligible to apply for and receive an H-1B visa based on that approved H-1B petition; however, the Department of State (DOS) has not yet explicitly stated that this is the case.

If you are the beneficiary of an approved H-1B petition and plan to depart the U.S. but do not currently hold an unexpired H-1B visa you should:

1. ensure that your H-1B visa application has been submitted to the in your country of nationality or residence;
2. confirm with the U.S. Consulate that your H-1B visa appointment has not been canceled; and
3. consult with ISSS for further information before departing the U.S.

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.”

Unclear. The USCIS memo does not specify whether the $100,000 fee applies to extensions of H-1B status. Further guidance is expected.

The  and the  both state that the EP does “not change any payments or fees required to be submitted in connection with H-1B renewals.” Per the Immigration and Nationality Act (INA), there is no such thing as a “renewal”.

Unknown.

The Customs and Border Protection (CBP) Guidance (September 20, 2025) states that the USCIS and the Department of State (DOS) “have been instructed to begin implementing the new monetary requirements for employers submitting petitions on behalf of aliens outside the U.S. for new H-1b petitions only.” This suggests that an H-1B Change of Status petition, which is (by definition) filed on and after September 21, 2025 on behalf of an alien inside the U.S., would not be subject to the EP. Whether USCIS will apply this guidance to exempt any H-1B Change of Status petitions from the EP is not yet known.

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.

Unknown.

At this time, we are waiting for more information from the Department of Homeland Security (DHS).

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

Please contact ISSS to discuss options relating to new H-1B petitions, including any requests to change an employer, change of status, amendment, or extension of stay.