In a series of startling and conflicting announcements that caused a great deal of panic over the weekend for H-1B holders and their employers, President Trump introduced a new $100,000 H-1B visa fee on Sept. 19 through the Proclamation “Restriction on Entry of Certain Nonimmigrant Workers,” which was followed by memos issued by U.S. Citizenship and Immigration Services (USCIS) on Sept. 20 that sought to clarify how the new $100,000 fee will be applied.

The proclamation indicated that as of 12:01 a.m. on Sept. 21, anyone entering the U.S. in H-1B visa status will be required to pay a $100,000 fee, unless their employment is in the U.S. national interest. However, subsequent USCIS policy memos limited the scope of this visa fee to only new H-1B petitions for individuals outside the U.S.

We expect that there will be further announcements refining the details of this fee, and we anticipate litigation challenging the validity of the proclamation itself, but for now these are the key takeaways:

Current H-1B visa holders are not subject to the $100,000 fee

• The fee does not appear to apply to any previously filed H-1B petition.
• Individuals with previously filed H-1B petitions should still be able to obtain new H-1B visas or use their currently valid H-1B visas to travel into the US without paying the new fee.

Future H-1B petitions may be required to pay the $100,000 fee

• The fee appears to apply only to H-1B petitions that will be filed on or after Sept. 21, 2025 on behalf of individuals who are outside the US.
• H-1B visa petitions will not be approved for individuals who are outside the US unless the $100,000 fee has been paid, and the H-1B employee’s entry into the U.S. will be denied without evidence of payment of the $100,000 fee.
• What remains unclear is:
  • Whether the new fee will apply to H-1B petitions requesting a change of status, extension of status, change of employer, or amendment for individuals who are in the U.S. at the time of filing.
  • If the fee does not apply to these H-1B petitions at the time of filing, it is unclear whether the fee will be required for entry into the US later on, if and when the H-1B employee travels.
• Exemption from fee:
  • The fee will not apply to individuals whose employment is in the U.S. national interest and does not pose a threat to the security or welfare of the U.S., according to the discretion of the Department of Homeland Security (DHS).
  • The fee does not apply to H-4 dependents of H-1B holders.

The proclamation will expire one year from its effective date unless it is extended.

Given the tremendous uncertainty surrounding this proclamation and exorbitant new fee, we recommend postponing non-essential travel for H-1B visa holders at this time until further details emerge.

ADDITIONAL CHANGES TO H-1B PROGRAM

The proclamation also directs the Department of Labor and Department of Homeland Security to revise the prevailing wage levels, which are the minimum wages that can be paid to H-1B workers, and prioritize the admission of high-skilled and high-paid foreign workers. These changes will further limit the accessibility of the H-1B visa category to many employers in the U.S., particularly small business and nonprofits.