On September 19, 2025, President Trump issued a presidential proclamation introducing significant changes to the H-1B nonimmigrant visa program. Effective 12:01 a.m. ET on September 21, 2025, employers must include or supplement new H-1B petitions with a $100,000 payment for the petition to be considered.
Since the announcement, the White House, U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) have held multiple press briefings and released memoranda to clarify the scope and implementation of the policy.
Key Provisions
- Petition Fee Requirement. Employers filing new H-1B petitions for workers outside the United States after the effective date must pay a $100,000 fee. This requirement is expected to remain in effect for 12 months, unless extended.
- Exemptions. The Secretary of Homeland Security may exempt individuals, companies, or industries if their employment is deemed to be in the national interest and poses no threat to U.S. security or welfare.
- Misuse of B Visas. The Secretary of State has been directed to issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitioners who have start dates before October 1, 2026.
- Policy Changes. The Secretary of Labor has been directed to initiate rulemaking to revise prevailing wage levels. Additionally, the Secretary of Homeland Security is instructed to prioritize admission of high-skilled and high-paid H-1B workers.
Clarifications
On September 20, 2025, USCIS and CBP released guidance clarifying the scope of the new fee requirement. As of September 22, 2025:
- The $100,000 fee applies only to new, prospective H-1B petitions that have not yet been filed. Petitions submitted before September 21, 2025, are not subject to the fee.
- Individuals with approved H-1B petitions or valid H-1B visas and those currently in the United States in H-1B status are not affected. Current H-1B workers with valid, unexpired visa stamps can still travel outside the U.S. and reenter, and those with H-1B approvals can obtain visa stamps at U.S. consulates.
- USCIS has confirmed via its FAQs that the $100,000 fee does not apply to H-1B renewal petitions and does not alter the existing fee structure for those filings.
- All “new” petitions filed after the effective date must include or be supplemented by the $100,000 payment. Employers must retain documentation of the payment, which will be verified by the Department of State before visa issuance. The fee is a one-time payment upon submission of a new H-1B petition.
Recommended Employer Actions
- Review Workforce Status. Assess the status of current H-1B employees and other employees (such as those working pursuant to optional practical training (OPT) or curricular practical training (CPT)), and prospective hires who will need H-1B sponsorship, to determine potential impact.
- Monitor for Updates. Stay informed about guidance on national interest exemptions and regulatory changes affecting wage levels and petition filings.
- Seek Legal Counsel. Due to the complexity and potential for further changes, consult immigration counsel for case-specific advice.
Our Immigration Team is closely monitoring the implementation of the proclamation and will provide updates as the situation evolves. For further information or tailored guidance, please contact your immigration counsel.
If you have any questions, or would like additional information, please contact one of the attorneys on our Immigration team.
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