Updated on Oct 20, 2025
On October 20, 2025, USCIS released new guidance clarifying key details about the $100,000 H-1B visa fee introduced in President Trump’s September 19, 2025 proclamation, titled “Restriction on Entry of Certain Nonimmigrant Workers.”
According to an official post on USCIS’s Facebook page, the White House confirmed:
The $100,000 fee only applies to new H-1B petitions filed on or after 12:01 AM ET on September 21, 2025, for individuals outside the United States who do not already hold a valid H-1B visa.
It does not apply to:
The rule is prospective only and does not impact existing visa holders’ ability to travel internationally and return.
USCIS also confirmed that:
“Petitioners requesting a change of status from another visa category to H-1B inside the U.S. will not be subject to the $100,000 fee. Even if the beneficiary later travels and reenters the U.S. on a valid H-1B visa, they remain exempt.”
Original article:
According to AXIOS' report & USCIS announcement on Facebook, the White House indicated:
On September 19, 2025, the President issued a proclamation — “Restriction on Entry of Certain Nonimmigrant Workers” — to address systemic abuses of the H-1B nonimmigrant visa program. Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a)), the entry of aliens as nonimmigrants to perform services in a specialty occupation under INA section 101(a)(15)(H)(i)(b) (8 U.S.C. 1101(a)(15)(H)(i)(b)) is restricted, except where their petitions are accompanied or supplemented by a payment of $100,000.
This guidance applies to H-1B employment-based petitions filed after 12:01 AM Eastern Time on September 21, 2025. This proclamation applies only prospectively to petitions that have not yet been filed.
All U.S. Citizenship and Immigration Services (USCIS) officers must ensure their decisions are consistent with this guidance. This proclamation does not affect the ability of any existing visa holder to travel to and from the United States.
Many employers are requiring their teams to return to the U.S. before September 21, 2025, at 12:01 am ET. If you’re not a new H-1B applicant, there’s no need to worry, you remain protected under current approvals.
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.
Here are the main points from the official Presidential Proclamation:
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.
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.
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.
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.
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.
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).
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.
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.).
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.
Feel free to share your story in our community. Let’s bring more transparency to how the system really works.