Immigration Updates: H-1B Fee Clarification and the End of Automatic Extensions of Employment Authorization Documents
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APPLIES TO All Employers |
EFFECTIVE As Indicated |
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Quick Look
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Discussion
The U.S. Citizenship and Immigration Services (USCIS) provided additional guidance on the new H-1B visa fee requirement. In addition, the Department of Homeland Security (DHS) announced it was ending automatic extensions of employment authorization documents (EADs).
New Guidance on $100,000 H-1B Visa Fee
On October 20, 2025, USCIS has issued guidance on the new $100,000 H-1B visa fee implemented under the presidential proclamation Restriction on Entry of Certain Nonimmigrant Workers. The guidance provides answers to the following questions:
Who does the fee apply to? It applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 (Effective Date), on behalf of beneficiaries: (1) who are outside the U.S.; and (2) do not have a valid H-1B visa. It does not apply to those already in the U.S. with a valid H-1B visa.
Does the fee apply to a change of status, amendment, or extension of stay? Yes, in certain situations. If a petition is filed after the Effective Date and requests a change of status or amendment or extension of stay and USCIS determines that the individual is ineligible for a change of status or an amendment or extension of stay, then the fee must be paid. It does not apply to petitions filed before the Effective Date.
Does the new fee affect travel for H-1B visa holders? No. It does not prevent any holder of a current H-1B visa, or any beneficiary following petition approval, from traveling in and out of the United States.
How does an employer pay the fee? Employer should pay through the www.pay.gov portal. Instructions on payment can be found here: https://www.pay.gov/public/form/start/1772005176. Proof of payment is required for every applicable H-1B petition, so employers should be certain to obtain a receipt.
Are there any exceptions to the new fee requirement? Yes, the Secretary of Homeland Security can approve exceptions when: (1) a particular alien worker’s presence in the United States as an H-1B worker is in the national interest; (2) no American worker is available to fill the role; (3) the alien worker does not pose a threat to the security or welfare of the United States; and (4) requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States. Requests for exceptions should be submitted to: H1BExceptions@hq.dhs.gov.
DHS Ends Automatic Extensions of EADs
Effective October 30, 2025, DHS ended automatic extension of EADs for most categories for renewal applicants. In the interim final rule Removal of the Automatic Extension of Employment Authorization Documents, DHS cites automatic extension as a security threat that could pose an imminent threat to the American public. Under prior regulations, EADs could be automatically extended for up to 540 days for renewal applicants. Foreign nationals could present an expired EAD along with an I-797C Notice of Action as proof of continued employment authorization.
Now, foreign nationals who file renewal of Form I-765, Application for Employment Authorization, will not receive an automatic 540-day extension of their current EAD. The I-797C Notice of Action will no longer contain information regarding automatic extensions of EADs. USCIS will add appropriate information to the Notices of Action clearly indicating that the document is not evidence of employment authorization and cannot be used by itself or in conjunction with an expired EAD as proof of employment authorization.
Individuals seeking a timely renewal of their EADs are instructed to properly file a renewal application up to 180 days before the expiration of their EAD. There are limited exceptions for certain TPS-based EADs, so employers should check the USCIS website for the most recent information regarding TPS and EAD expiration dates.
This change has the potential to create significant disruptions to employers if their employees’ work authorization expires. Employers should review their Forms I-9 and schedule reminders for employees prior to 180 days from their EAD expiration date to submit applications for renewal. This interim final rule does not impact the validity of EADs that were automatically extended prior to October 30, 2025 or which are otherwise automatically extended by law or Federal Register notice.
Action Items
- Review Forms I-9 for expiration of EADs and notify employees, where applicable.
- Consult with immigration counsel for impacts to workforces with foreign workers.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase