Guidance from U.S. Citizenship and Immigration Services (USCIS) clarifies that a $100,000 fee imposed in September to obtain H-1B visas for skilled foreign workers applies only to new applicants who are living abroad.

In a notice posted on the agency's website late Monday, USCIS explains what types of visa applicants must pay the new six-figure fee and who is exempt. Applications for H-1B visas filed on or after Sept. 21 for workers outside the U.S. and who are not current H-1B visa holders are subject to the $100,000 charge, USCIS said.

The fee also applies if a petition filed on or after Sept. 21 "requests consular notification, port of entry notification or pre-flight inspection for an alien in the United States."

The $100,000 payment must be paid prior to applying for an H-1

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