H1B with approved I-140, new petition outside USA, $100K fee applicable?

USA H1B
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1

Greetings, Team,

I’m outside USA with an approved I-140, now with the recent Proclamation on one-time fees of $100k for new H1B applicants, should my employer pay $100k while filing the H1B (New petition/transfer) from India?

Please advise.

2

At this time, there should be no fee for your case.

3

Hi Anil
Thank you for your quick response. I see some law firms saying that there is no clarity on the fees are applicable in my case or not. To understand the rule, cap-exempt H1b petitions are exempt from paying $100K fees?

4

Hi Anil,

Regarding H1b new petitions filing from India (transfers/new employment with approved I-140), have you heard anyone try to file with the new $100k fee scenario?

5

They are not asking for this fee from anyone ay this time.

6

Hi @sairam18 Did you find any confirmation on this ? Are you planning to file h1b petition? I am in same boat.

7

not yet, there is no solid YES/NO for the $100k fees exemption for the new H1B (with approved I-140) filing outside the USA after 9/21/2025.
have you heard any petitions filed through the Indian service companies?