$100,000 H-1B Fee

On September 19, 2025, President Trump issued a proclamation requiring anyone seeking to enter the U.S., on or after September 21, 2025, in H-1B status, pay a fee of $100,000.

Instantly, many questions were raised as it was unclear which H-1B non-immigrants this would affect, how this was going to be implemented, and if this was going to be a fee the employer needed to pay per H-1B employee per year.

Additional details are still being worked out; however, these are the key points at this moment in time:

• The proclamation took effect at 12:01 a.m. EDT on September 21, 2025. It expires in 12 months but may be extended.

• The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S. pursuant to INA 212(f).

  • Per the proclamation, the restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date.

  • However, USCIS and CBP guidance indicated that the proclamation does not apply to individuals 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.

  • They also state that “the proclamation does not impact the ability of any current visa holder to travel to or from the United States.”

• USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the United States.

The Presidential Proclamation can be found here: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/