PRESIDENTIAL PROCLAMATION ALERT: New $100,000.00 Fee for New H-1B Petitions Takes Effect on September 21, 2025

On Friday, September 19, 2025, the Trump Administration issued a Presidential Proclamation introducing a new $100,000.00 fee for filing new H-1B petitions effective on September 21, 2025. In earlier reports regarding this new fee, it was originally thought that this new had to be paid by all H-1B visa holders seeking to enter or reenter the United States before they can be admitted to the United States. This new fee will expire after one (1) year, but subject to further extension.

However, in subsequent news updates, including statements from the White House, along with newly published memos by the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services, the Trump Administration attempts to clarify on the initial Proclamation.

The key clarification points are as follows:

• Any new H-1B visa application must include a $100,000.00 fee, starting after 12:01 a.m. EDT September 21, 2025.
  • This includes the Fiscal Year 2026 H-1B quota filing (starting presumably on April 1, 2026), as well as any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
• This new policy does NOT apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. EDT on September 21, 2025.
• This new policy does not change any payments or fees required to be submitted in connection with any H-1B renewals.
• The fee is a one-time fee on submission of a new H-1B petition.
• This policy also does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
• Further steps that will be taken by the Trump Administration to reform the H-1B program include:
  • A rulemaking by the Department of Labor to revise and raise the prevailing wage levels to upskill the H-1B program
  • A rulemaking by the Department of Homeland Security to prioritize high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels.
  • Additional reforms are also under consideration and will be announced in the coming months.

From the above points, it appears that the $100,000.00 fee is to be paid in new H-1B petitions (first-time filings), and it would seem that:

• Extensions of stay inside the U.S., including change of employer, change of status (i.e. non-cap petitions for those who had previous H-1B visa approvals and/or statuses) and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt from this $100,000.00 fee.
• Exceptions: There may be exceptions for an individual, a company, or an industry, if Department of Homeland Security determines that it is in the national interest of the United States and does not pose a threat to the security or welfare of the U.S. However, there is lack of guidance or clarity about how this would be applied.
• While we are aware of H-1B clients entering the U.S. successfully since the issuance of the proclamation, it is recommended that H-1B visa holders (and their H-4 dependent family members) exercise caution when making travel plans and keep updated with the news and our website and social media platforms for any further developments.

Due to the fluid and uncertain nature of this H-1B news, we advise readers to regularly check on our website and various social media platforms for any further updates on this matter. Should you have specific questions about your case, please do not hesitate to contact our office and schedule a consultation.