White House communications, along with USCIS and CBP memos issued on September 20, 2025, indicate that the $100,000 fee established under the recent Presidential Proclamation will apply only to new H-1B petitions filed on or after the Proclamation’s effective date of September 21, 2025. The U.S. Department of State has likewise confirmed that the Proclamation’s restrictions on visa issuance and entry apply solely to individuals seeking visas or admission based on H-1B petitions filed with USCIS after that date.
Key Takeaways
- Approved H-1B holders in the U.S.: Individuals currently in the United States with approved H-1B petitions should continue to be able to travel under existing guidance. However, if travel is not urgent, it may be advisable to remain in the U.S. until further clarity is available.
- Visa appointments already scheduled: Appointments based on approved H-1Bs filed before September 21, 2025, should proceed without the additional fee.
- Uncertainty around new filings: It remains unclear which new H-1B petitions will be subject to the $100,000 fee and what exceptions may apply. Preliminary guidance suggests the fee may only apply to petitions for individuals outside the United States, and there are indications that national interest exceptions will be available.
- Litigation expected: Legal challenges to the Proclamation are anticipated, which may affect implementation and timing.
Looking Ahead
The policy landscape remains fluid, and we cannot predict how the rule will evolve in the coming weeks and months. We will continue to monitor developments closely and provide updates as new information becomes available.
Please contact Laleh Sharifi if you have any questions.