Sept. 21, 2025: Presidential proclamation – Payment by employer of $100,000 fee for H-1B visa petitions FAQ (Updated 9/22/2025)

Carolyn Salter — Mon, 22 Sep 2025 13:13:51 +0000

Sept. 21, 2025: Presidential proclamation – Payment by employer of $100,000 fee for H-1B visa petitions FAQ (Updated 9/22/2025) Carolyn Salter Mon, 09/22/2025 - 07:13

Frequently Asked Questions (FAQ)

This FAQ provides general information based on ISSS’ understanding of currently available guidance. It does not constitute legal advice and does not address individual circumstances. ISSS will continue to update this FAQ as more information is available.

Late in the day on Sept. 19, 2025, President Trump signed a presidential proclamation instituting new entry restrictions on H-1B specialty occupation workers. Under this proclamation, in certain circumstances, approval of H-1B petitions, entry into the United States in H-1B status, and issuance of H-1B visas are prohibited unless the employer pays a $100,000 fee per individual petition.

On Sept. 20, 2025, at 12:58 p.m., the official White House rapid response account posted on X (formerly Twitter) that, “The Proclamation does not apply to anyone who has a current visa [and] does not impact the ability of any current visa holder to travel to/from the U.S.” Postings on X are not considered official government guidance.

On the evening of Sept. 20, 2025, the United States Citizenship and Immigration Services (USCIS) released and published official policy guidance stating that the presidential proclamation “only applies prospectively to petitions that have not yet been filed.”

On Sept. 21, 2025, the White House posted a “H-1B FAQ” on their website. Their FAQ clarifies that the $100,000 fee is a one-time fee that only applies to new H-1B petitions. It does not apply to petitions in which an employer is requesting an extension, amendment, or change of employer for an individual currently in the United States in H-1B status.

In the guidance and FAQ, the federal government clarified that the proclamation does NOT apply to:

H-1B petitions (applications) filed prior to the effective date of the proclamation (Sept. 21 2025 12:01 a.m EDT) or
Individuals who, based upon H-1B petitions that were approved by the USCIS prior to Sept. 21, 2025 (12:01 a.m. EDT):
- currently hold H-1B nonimmigrant status; or
- will be in H-1B nonimmigrant status; or
- will be applying for H-1B visas or
Individuals who currently hold valid H-1B visa stamps in their passports or
Petitions filed by employers to renew (extend) an individual’s H-1B status

When did this restriction take effect?

12:01 a.m. Eastern Daylight Time on Sept. 21, 2025 (which was 10:01 p.m. Mountain Daylight Time on Sept. 20, 2025).

For how long is the presidential proclamation’s entry restriction in effect?

According to the presidential proclamation, the entry restriction will be in place for 12 months starting on Sept. 21, 2025.

What H-1B petitions does this restriction impact?

The restriction will ONLY apply to H-1B petitions filed by employers with the USCIS on or after 12:01 a.m. Eastern Daylight Time (EDT) on Sept. 21, 2025.

What does the proclamation restrict?

For all H-1B petitions filed on or after Sept. 21, 2025, the proclamation restricts the approval of new H-1B petitions and issuance of new H-1B visas at U.S. consulates and embassies abroad based on those petitions unless the employer has paid the $100,000 fee (or an exemption applies).

Does this restriction impact the ability of H-1B status holders who are currently in the United States to stay here?

No. The restriction does not apply to individuals who are already in the United Status in valid H-1B status. This means that:

You are not required by the proclamation to depart the U.S. if you are in the United States in H-1B status.
Your employer is not required by the proclamation to pay the $100,000 fee for you to remain in H-1B status.

If an individual has a valid H-1B visa and/or approval notice and is outside of the United States and will not return until on or after Sept. 21, 2025, will the proclamation impact them?

No. The USCIS policy guidance clarifies that the restriction requiring payment of the $100,000 fee does not apply to individuals who currently have a valid H-1B visa or are currently the beneficiary of (the employee who benefits from) an approved H-1B visa petition. Contact your ISSS advisor if you have any questions.

What do I do if I am outside the United States at the time the restriction takes effect, and I have questions?

Communicate with your ISSS advisor.

If I am in the United States and am currently in H-1B status, can I travel outside of the United States?

Yes. The USCIS policy guidance clarifies that the $100,000 fee requirement does not apply to individuals who are beneficiaries of H-1B petitions that were approved prior to Sept. 21, 2025. Please contact your ISSS advisor before making travel plans.

Does this proclamation impact pending H-1B petitions?

No. The proclamation does not impact H-1B petitions filed prior to Sept. 21, 2025. The policy guidance clarifies that if a H-1B petition was filed prior to Sept. 21, 2025, even if it is approved after that date, the $100,000 fee requirement does not apply.

Does the proclamation impact academic (cap-exempt) employers, or only cap-subject employers?

The proclamation does not distinguish between cap-subject and cap-exempt employers. As the proclamation is written, the restriction applies broadly to all H-1B petitions and entries, including those filed by academic institutions, research organizations, and other cap-exempt employers.

Are there any exceptions to this restriction?

An exception only exists if the U.S. Secretary of Homeland Security determines that it is in “the national interest” to have the H-1B visa holder employed in the United States and doing so “does not pose a threat to the security or welfare of the United States.”

What is the process to apply for an exception?

The federal government has not yet stated what the process to apply for an exception will be.

If I am in the United States in valid H-1B status, does ��ɫ��Ƶ have to pay the $100,000 fee to file an application with the USCIS to extend my H-1B status?

No. The “FAQ H-1B” issued by the federal government states that the $100,000 fee does not apply to applications filed by employers to extend or amend an employee’s H-1B status.

If I am in the United States in another nonimmigrant status and was so as of Sept. 21, 2025, does ��ɫ��Ƶ have to pay the $100,000 fee to file an application with the USCIS to change my status to H-1B?

ISSS believes the answer is "no" based on wording in the proclamation, which states that the $100,000 fee appears to be required only if the employee who benefits from the H-1B petition is outside of the United States as of Sept. 21, 2025. However, ISSS is waiting for further guidance from the USCIS and will update this FAQ as soon as possible.

Are my dependents in H-4 status who are outside of the United currently allowed to reenter?

It is unclear how and if the presidential proclamation impacts dependents of H-1B visa holders or applicants. The USCIS policy guidance suggests that dependents of individuals who are eligible for H-1B status based upon petitions pending on or approved before Sept. 21, 2025, should be eligible to apply for H-4 visas and/or enter the United States without payment of the $100,000 fee. Please contact your ISSS advisor.

Does the proclamation invalidate or cancel currently valid H-1B visas?

No. The proclamation does not cancel or invalidate H-1B visas that are already valid. If you currently hold an H-1B visa in your passport, that visa remains valid through its expiration date.

Does this affect other visa categories?

No. The proclamation specifically references H-1B specialty occupation workers. No additional visa categories are referenced.

International Student and Scholar Services (ISSS)

At ��ɫ��Ƶ, we strive to ensure you feel welcomed, respected, and well-supported. If you have questions, concerns, or just want to chat, ISSS is here for you. You are a valued part of the ��ɫ��Ƶ community!

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Sept. 21, 2025: Presidential proclamation – Payment by employer of $100,000 fee for H-1B visa petitions FAQ (Updated 9/22/2025)

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