White House Proclamation: What the New $100k H-1B Fee Rule Says

A major shift in the H-1B visa program has just been proclaimed. As of September 21, 2025, a new rule will take effect that imposes a $100,000 payment requirement for many H-1B specialty occupation petitions, along with other changes. This post walks through what the official text says, what it means in practice, and how it may affect you.

Table of Contents

• Key Provisions of the Proclamation
• Corrections to Earlier Speculation
• What This Means in Practice
• What You Should Do If You’re Affected

Key Provisions of the Proclamation

Here are the main points from the official Presidential Proclamation:

1. Fee Requirement & Scope

   • H-1B petitioners must include a $100,000 payment with new H-1B specialty occupation petitions. This is in addition to the existing filing/registration fees.

   • This restriction applies to foreign workers outside the U.S. seeking H-1B specialty occupation status.

2. Exemptions (“National Interest” Clause)

   • There are case-by-case exemptions if the Secretary of Homeland Security determines that hiring the alien is in the national interest and does not pose a threat to U.S. workers’ wages or welfare.

3. Valid Period & Entry Restriction

   • The fee requirement and restriction on entry expire 12 months after the effective date (i.e. September 21, 2025) unless extended.

   • The rule also prohibits the entry of non-immigrant specialty occupation workers unless the payment is made.

4. Prevailing Wage Rulemaking

   • The Department of Labor is instructed to revise prevailing wage levels under INA §212(n) to align with the goals of this proclamation.

   • The Department of Homeland Security is to prioritize high-skilled, high-paid aliens.

5. Enforcement, Compliance & Timing

   • Employers must obtain and keep documentation showing the payment.

   • Visa/consular authorities will verify the payment is made.

   • The rule applies to H-1B petitions filed after the proclamation is effective.

   • Within 30 days after the next H-1B lottery, key agencies must report back whether the restriction should be extended.

Corrections to Earlier Speculation

Given this proclamation, some of the earlier rumours or speculative claims are either clarified or corrected:

• It is now official that there will be a requirement of a $100,000 payment for many H-1B petitions. That part is no longer just speculation.

• However, it’s not permanent: the proclamation is time-limited (12 months unless extended).

• Exemptions are explicitly built in (“national interest” cases), so it is not an absolute ban or blanket fee for all  H-1Bs.

• The rule targets new petitions by workers outside the U.S. for specialty occupations; extensions or transfers inside the U.S. may be affected differently (depending on how filing is structured and interpreted).

What Are the Possible Results

Here are the likely impacts and things international students, H-1B applicants, and employers should watch out for:

• Cost Sharp Increase: Companies will need to budget a large upfront cost per petition. Even large firms will feel this.

• Barrier for Smaller Employers & Entry-Level Workers: If your job offer is not high-paying or considered “critical,” companies may decide not to submit petitions under the new fee or may shift roles to locals or remote/offshore.

• Visa Process Delays & Compliance Burden: Verifying payment, documentation, approvals, and navigating exemptions will add complexity.

• Incentive Shift: Employers may bias hiring towards roles with higher salaries or those that clearly fall under the “national interest” exception.

• Alternative Visa Routes & Strategic Planning: O-1, L-1, F-1 + hybrid programs, green card pathways like EB-2 NIW may become more attractive.

What You Should Do If You’re Affected

If you’re an international student, future H-1B hopeful, or employer, consider these steps:

• Review your offer and the employer’s ability to meet high salary/wage thresholds.

• If possible, negotiate salary / job title to fit where exemptions or prevailing wage rules may favor.

• Keep close records of job offers, wage levels, and employer documents. They will matter.

• Stay updated with USCIS, DOL, and DHS guidance, especially how the “national interest” exemption will be interpreted.

• Explore backup options (other visa types, degree programs with work-authorization components, etc.).

Conclusion

This proclamation is a high-stakes move with major implications. The requirement for a $100,000 payment marks one of the steepest barriers ever introduced for H-1B applicants. But because of the time-limit, built-in exemptions, and requirement for rulemaking, many details still need clarification.

For those planning their careers, it’s more critical than ever to stay informed, plan ahead, and consider all options. This change shows how immigration policy can shift quickly, and how much those shifts can affect individual lives, careers, and industries.

**If you are holding H-1B visa and are currently not in the US, please come back by Sep 21st, 2025, or you may be charged for entry**

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