Update on Certain H-1B Visa Sponsorships

November 10, 2025

Dear Colleagues,

Following up on our September 21 message about the presidential proclamation requiring a $100,000 payment for certain H-1B visa sponsorships, the U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance explaining when this payment applies.

Key Points from USCIS Guidance:

  • The $100,000 payment does NOT apply when an employer files an H-1B petition for:
    • A change of status within the U.S.
    • A change of employer within the U.S.

This means employers seeking to sponsor current or prospective employees who are already in the U.S. who are changing employers or to H-1B status can file without submitting this payment.

  • However, if an employee or candidate travels internationally before their H-1B change of status or change of employer is approved, they could become subject to the payment. Anyone in this situation should consult their department and immigration counsel before making travel plans.
  • The $100,000 payment does apply for new H-1B petitions for individuals outside the U.S. who are not currently in another nonimmigrant visa status.
  • USCIS has said employers can request a 'national interest' exception to avoid the payment, but these will be granted only in 'extraordinarily rare circumstances.' The process is unclear, likely requires outside immigration counsel, and may involve significant legal costs.

What This Means for Hiring:

  1. Current Searches: If you are considering candidates who need H-1B sponsorship and are outside the U.S. or not in another valid nonimmigrant status, the $100,000 payment may apply. Federal law requires the employer to cover all H-1B costs; these cannot be passed on to the employee. At the University, the department or hiring unit will be responsible for covering these costs. Whether to incur this cost is a legitimate, nondiscriminatory factor in hiring decisions.
  2. Future Searches: Until more information is available, you may want to limit eligibility to candidates already authorized to work in the U.S. or currently in the U.S. with valid status (e.g., permanent residents, individuals on F-1 visas, or those with H-1B status through another employer).
  3. If Sponsorship is Needed: If a candidate requires H-1B sponsorship and the $100,000 payment would apply, consider whether there is a strong business need for that hire. While a waiver may be possible in rare cases, there is no clear guidance on what evidence is required. Departments must consult with the Office of University Counsel and obtain approvals from the dean, Executive Vice President, and the President before proceeding. Again, the department or hiring unit will be responsible for all associated payments.

Departments and hiring officials with immigration-related questions can contact Kevin Gick in the Office of University Counsel at KGick@salud.unm.edu.

Sincerely,

Barbara Rodriguez
Interim Provost & EVP for Academic Affairs

Michael Richards
Executive Vice President, UNM HSC & CEO, UNM Health System