By Alan Perkins, Melina LaMorticella, Turid Owren, and Melany Savitt
On Friday afternoon, September 19, 2025, the Trump administration issued a proclamation upending the H-1B visa program. The proclamation requires a new $100,000 fee for:
- The entry of H-1B beneficiaries outside the United States; and
- The filing of H-1B petitions for beneficiaries outside the United States
The proclamation has an effective date of September 21, 2025 at 12:01 AM Eastern Time.
As employers and legal counsel scrambled to contact H-1B workers outside the country to return prior to the deadline and cancel planned international trips for those inside the United States, U.S. Citizenship and Immigration Services (USCIS) issued a clarifying memorandum on Saturday, September 20, 2025, just hours before the effective date of the proclamation. USCIS further issued an FAQ on Sunday, September 21, 2025.
The USCIS memorandum and FAQ provide as follows:
- Entry into the United States by H-1B nonimmigrants is restricted unless H-1B petitions include a $100,000 filing fee
- New $100,000 fee only applies “prospectively to petitions that have not yet been filed” as of the effective date of September 21, 2025
- New $100,000 fee does NOT apply to:
- H-1B beneficiaries of petitions filed prior to effective date
- H-1B beneficiaries of current approved petitions/in possession of valid H-1B nonimmigrant visas
While much remains to be clarified, here is where things currently stand:
Exceptions to the $100,000 fee
The proclamation states there may be national interest exceptions for individuals, companies, or industries, but no further details regarding process or timing for making such determinations have been provided.
Travel
The USCIS memorandum and FAQ are clear that H-1B beneficiaries with petitions filed before the effective date, with approved H-1B petitions, or in possession of valid H-1B nonimmigrant visas should not be precluded from entering the country without paying the $100,000 filing fee. Nonetheless, H-1B beneficiaries who meet this criteria may wish to exercise caution with respect to international travel at this time while procedural and other details continue to be clarified. As always, we recommend notifying your employer and legal counsel before making any international travel plans.
H-1B Extensions/H-1B Change of Employer Petitions
It appears that H-1B extension petitions approved prior to the proclamation effective date are not subject to the new fee.
Pending H-1B Cap Cases
The $100,000 fee will not apply to those with pending FY2026 H-1B cap cases with October 1, 2025, start dates or later.
H-1B Cap Exempt Petitions
It appears that H-1B cap exempt petitions (those filed by universities and other qualifying entities) will be subject to this fee as of the proclamation effective date of September 21, 2025.
It may be possible, however, that universities and other H-1B cap exempt employers will be deemed to fall under an exception to the fee.
Litigation
Litigation is being prepared to challenge the proclamation. The outcome and timing, of course, are to be determined.
Updates
We will continue to provide updates on our Business Immigration Blog.
Filed under Business Immigration, Legislation & New Laws