What we know till date about the new $100,000 H-1B Fee
On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. The order requires payment of a new $100,000 fee for many foreign nationals seeking to enter or reenter the U.S. in H-1B status. The measure is set to remain in place for 12 months but may be extended.
Subsequent the proclamation, relevant government agencies have provided additional information explaining the implementation of the proclamation to H-1B nonimmigrants:
Who Is Affected?
The proclamation applies only to H-1B petitions filed on or after September 21, 2025.
It covers individuals outside the U.S. seeking admission in H-1B status.
It does not affect those who:
already hold valid H-1B visas,
are beneficiaries of petitions filed before the effective date, or
are seeking renewals without filing a new petition.
H-1B1 visas for Singaporean citizens are not included.
Key Details from Agency Guidance
USCIS will not process petitions filed after the effective date unless proof of the $100,000 payment is included.
The Department of State confirmed no visas have been revoked, and the fee does not apply to renewals.
National Interest Exemptions may be granted case-by-case by DHS.
Future rulemaking is expected, including changes to prevailing wage levels and prioritization of higher-paid applicants.
Outstanding Questions
Agencies have not yet clarified:
Whether cap-exempt employers must pay the fee.
Whether the fee applies to change of employer petitions, amended petitions or petitons filed for the change of status for someone who already held H-1B in the past.
How payment will be processed.
If H-4 dependents are covered.
What documentation H-1B visa holders must show at entry to prove compliance.
This proclamation represents a significant shift for employers and workers relying on the H-1B program. Since guidance is still evolving, individuals should seek updated legal advice before traveling or filing petitions. AILA and other advocacy groups are monitoring developments closely, and more details are expected in the coming months.
To schedule a consultation, contact our office.