The $100,000 H-1B Proclamation – What You Need to Know

UPDATE: October 21, 2025

On October 20, 2025, USCIS issued updated guidance regarding implementation of the September 19, 2025 Presidential Proclamation imposing a $100,000 supplemental fee on certain H-1B petitions. The new guidance provides important clarifications about which filings are subject to the fee and which are exempt.

Key Updates:

1. Amendments, Changes of Status, Change of Employer, and Extensions Filed for Individuals Inside the United States Are Exempt
   USCIS confirmed that the Proclamation does not apply to any H-1B petition filed at or after 12:01 a.m. EDT on September 21, 2025 that requests an amendment, change of status, or extension of stay for a foreign national inside the United States, where that individual is granted such amendment, change, or extension.

2. Departing the United States Will Not Trigger the Fee
   USCIS clarified that foreign nationals in the U.S. with approved H-1B petitions will not become subject to the proclamation or the $100,000 fee if they travel abroad and re-enter. The updated USCIS guidance specifically states: “The Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.”

3. Consular Notification Filings ARE Subject to the Fee
   Any H-1B petition filed with a “consular notification” request will be subject to the $100,000 fee. This means that a beneficiary who will need to apply for a H-1B at a U.S. consulate abroad (e.g. “Consular Processing”) before being able to enter the U.S. in H-1B status, will be subject to the $100,000 fee if the petition was filed after the effective date of the proclamation, regardless of whether the worker was in the U.S. at the time of filing. USCIS states that the fee must be paid prior to filing the I-129 petition with the consular notification request and include proof of the payment with the filing, otherwise the I-129 petition will be denied.

4. Application for Exemption from the $100,000 Fee

   USCIS provided limited clarification on the process and requirements for applying for exceptions to the $100,000 payment. The exemptions are granted by the Secretary of Homeland Security only in extraordinarily rare circumstances where the Secretary determines that:

   • The H-1B worker’s presence in the United States is in the national interest;

   • No U.S. worker is available to fill the role;

   • The foreign national does not pose a threat to the security or welfare of the United States; and

   • Requiring the payment would significantly undermine U.S. interests.

   The USCIS guidance instructions employers who believe their H-1B worker meets this high threshold to submit an exception request and supporting evidence to H1BExceptions@hq.dhs.gov

There are currently two active lawsuits pending with the federal court challenging the $100,000 fee requirement.

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UPDATE: September 21, 2025:

Subsequent to the September 19, 2025 Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, the following updates have been issued:

September 20, 2025: USCIS issued a memorandum stating that the “This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” 

September 20, 2025: U.S. Customs and Border Patrol issued a memorandum of their own stating that “The Proclamation only applies prospectively to petitions that have not yet been filed”

September 21, 2025: The U.S. Department of State issued their own FAQs that state:

This Proclamation does not:

• Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
• Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
• Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.

Finally, on September 21, 2025: The White House also issued an FAQ stating that “The fee is a one-time fee on submission of a new H-1B petition.”

Based on the updates provided, H-1B petitions that were filed and approved or filed and pending prior to 12:01 a.m. eastern daylight time on September 21, 2025 are NOT subject to the H-1B proclamation and the $100,000 fee. However, New Petitions filed subsequent to this date are stated to be subject to the Proclamation and the $100,000 fee. There still remain uncertainty and confusion among H-1B individuals and their employer, such as what constitutes a “new” H-1B petition. It is unclear if a new petition is a cap-subject H-1B filing starting in FY 2026, or whether new petitions include H-1B transfers and Change of Status filings to H-1B as well.  

We expect further clarifications to continue to be issued as the situation evolves. 

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Original Post:
On September 19, 2025, the White House issued a Presidential Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. This proclamation effectively bars H-1B visa holders outside the U.S. from entry or re-entry into the U.S. unless their employer pays a $100,000 fee. 

While the proclamation is vague and lacks implementation details, here are the key takeaways: 

• Effective date: The proclamation goes into effect at 12:01 a.m. Eastern on September 21, 2025, less than 36 hours after being issued. 

• Who is impacted: It restricts the entry or re-entry of H-1B visa holders currently outside the U.S., effectively creating a travel ban. 

• $100,000 fee: The proclamation states that H-1B workers may be allowed to enter the U.S. if their petition includes proof of payment of a $100,000 fee. 

• Unclear logistics: No information has been provided on when, how, or where this fee should be paid. 

• Possible exceptions: DHS may waive the restriction for an individual, company, or industry if determined to be in the “national interest” of the U.S. However, no criteria or process for qualifying have been released. 

The proclamation imposes significant restrictions on H-1B workers outside the United States, however, at this time, H-1B filings and case processing inside the U.S. (H-1B extensions, H-1B amendments, H-1B transfers to change employers, or applications to change nonimmigrant status from another status (e.g. F-1 student status) to H-1B status) remain unaffected. The proclamation’s most immediate impact is on H-1B workers abroad or those who were planning international travel. 

What You Should Do Now: 

• If you are an H-1B worker abroad, seek to return to the U.S. before September 21, 2025, if possible. This means being processed through the port of entry prior to 12:01AM eastern time on September 21, 2025. 

• Avoid all international travel while we await further guidance or until this order is blocked by the courts. 

Bottom line:  

• There is no indication that H-1B filings within the U.S. have any changes and H-1Bs will likely continue to be processed as usual for employees within the U.S.

• H-1B workers should avoid any international travel at this time.  

• H-4 dependents are not mentioned within the proclamation, so they should be allowed entry back into the U.S., but expect there to be delays and confusion at the port of entry.   

• The proclamation is arbitrary, vague, and legally questionable. Immigration attorneys are preparing to challenge it in court.  

We will continue monitoring this situation closely and share updates as new guidance becomes available. Please contact us with any questions about how this may affect you or your employees.