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 at 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?

8

Hi Anil
According to the recent update from USCIS on the $100k fees for new petitions with an approved I-140 outside the USA, do you know if the fees still apply? Are there any other alternatives to going back to the USA at this time?
Looking forward to your reply and thoughts
Any insights on the Law suites filed against the $100K fees?

9

Yes, it does seem that if person is physically outside the US, then, they will have to pay the fee.

The other ways is to enter the US on any other visa type (not B1/B2) and then file change of status to H1B. That’s one way.

10

Hi Anil
Is there any update on the lawsuits filed against $100k fees?

11

any luck to get PAUSE on the proclamation?