Breaking News: $100,000 Fee Introduced for New H-1B Petitions
UPDATE (9/20/25): According to the official USCIS memo released on September 20, 2025, the new proclamation only applies to H-1B petitions filed on or after September 21, 2025. It does not affect existing H-1B visa holders or petitions filed before that date.
Beginning September 21, 2025, a significant new rule requires that all new H-1B petitions include a $100,000 payment to be processed.
Overview of the Proclamation
On September 19, 2025, President Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This order introduces substantial changes to the H-1B program, most notably a mandatory $100,000 entry fee for new applicants.
The proclamation goes into effect at 12:01 a.m. EDT on September 21, 2025, and is currently scheduled to remain active for 12 months, with the potential for extension. While the policy has caused concern among U.S. employers and foreign professionals, some exceptions and exclusions apply.
Key Provisions to Know
- Effective Date: September 21, 2025, lasting for one year unless extended or amended.
- Applies Only to New H-1B Petitions: Current H-1B holders traveling internationally are not affected.
- Renewals and Extensions: Petitions to extend or amend existing H-1B status are not subject to the $100,000 fee.
- USCIS Adjudication: USCIS will not process petitions filed for H-1B workers abroad without proof of fee payment.
- Additional Filing Costs: No clarification has been issued regarding how this new requirement impacts the existing $215 H-1B lottery registration fee or the $780 petition filing fee.
- In-Country Petitions: Petitions for extensions of stay, amendments, or changes of employer filed by H-1B workers already in the U.S. appear unaffected.
- Anticipated Updates: The Department of State and the Department of Labor are expected to release further rulemaking guidance, including wage level revisions and prioritization of higher-paid and higher-skilled applicants.
- National Interest Exceptions: DHS may grant limited exceptions if the entry of a worker or petition is deemed critical to U.S. national interests and not harmful to U.S. security or welfare.
Anticipated Legal Challenges
This sweeping change is expected to face immediate legal challenges in federal courts. Lawsuits will likely argue:
- That the $100,000 fee exceeds the President’s statutory authority under INA §212(f).
- That the rule imposes significant economic harm on employers and foreign workers.
- That it may conflict with Congress’s intent in establishing the H-1B program.
Despite the likelihood of litigation, the rule will remain enforceable unless a federal court issues an injunction. Employers and foreign nationals should not delay action based on the hope of a successful legal challenge.
Guidance for Employers and H-1B Workers
This proclamation represents one of the most dramatic disruptions to the H-1B program in recent years. Both employers and prospective H-1B workers should take proactive steps to:
- Closely monitor USCIS, Department of State, and Department of Labor announcements.
- Evaluate travel and filing strategies to avoid unexpected complications.
- Seek tailored advice from an experienced immigration attorney at Green Card Link to ensure compliance and protect future opportunities.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys are closely tracking these developments and providing up-to-date guidance. Employers and employees facing uncertainty should not wait—consulting with knowledgeable immigration attorneys at Green Card Link can help you understand how this rule applies to your situation and develop a compliant strategy moving forward.