Need Help With Your H-1B Case?

On September 19, 2025, a Presidential Proclamation introduced a significant change to the H-1B visa process: a $100,000 fee requirement for most new petitions filed on or after September 21, 2025, at 12:01 AM ET. This unprecedented requirement has created confusion and concern among employers, HR professionals, and visa holders alike.  This guide breaks down exactly what you need to know about the proclamation, who it affects, and what steps you should take.

What Changed?

The Presidential Proclamation temporarily halts decisions on certain new H-1B petitions and bans entry of affected workers unless a $100,000 fee is paid. While the language initially appeared to apply broadly, government guidance has clarified that it specifically applies to new H-1B petitions filed on or after the effective date.

When is Payment Required?

- The $100,000 fee must be paid online before filing the H-1B petition
- Proof of payment must be included at the time of filing
- This applies to petitions filed on or after September 21, 2025, at 12:01 AM ET

Who Is Affected?

The fee requirement applies to new H-1B petitions requesting initial H-1B status for workers who are outside the United States on or after the effective date.

Who Is NOT Affected? 

- Individuals with H-1B petitions filed before September 21, 2025, at 12:01 AM ET
- Individuals with currently valid H-1B visa stamps
- Canadians returning to the U.S. with approved H-1B petitions filed before the deadline
- Change of status, amendment, or extension requests (if approved by USCIS)
- Individuals granted exceptions by DHS

Are There Exceptions?

Exceptions may be granted only in "extraordinarily rare" circumstances where DHS determines that all of the following criteria are met:

- The beneficiary's presence in H-1B status is in the national interest
- No American worker is available to fill the role
- The beneficiary does not pose a threat to U.S. security or welfare
- Requiring payment would significantly undermine U.S. interests

Exceptions may be granted for specific individuals, all individuals working for specific companies, or all individuals in a specific industry.

What Should You Do?

- Review your current H-1B status and any planned petitions
- Do NOT file new H-1B petitions without consulting an immigration attorney
- Avoid international travel without understanding the implications
- Contact a licensed immigration attorney to discuss your specific situation
- Keep updated on any changes to the proclamation

Key Takeaways

- $100,000 fee required for most new H-1B petitions filed after Sept 21, 2025
- Payment must be made before filing
- Previously filed petitions and current visa holders generally not affected
- Exceptions are available but extraordinarily rare
- Consult with an immigration attorney before taking action

This proclamation represents a significant shift in H-1B processing and has far-reaching implications for both employers and visa holders. Given the complexity and high stakes involved, it's critical to seek professional legal guidance before making any decisions about filing petitions or international travel.