Update: $100,000 H-1B Proclamation – Effective September 21, 2025

On September 21, 2025, a presidential proclamation introduced a $100,000 supplemental payment requirement for certain new H-1B filings and restricted entry for some H-1B nonimmigrants. USCIS has now issued guidance clarifying how the rule applies in practice.

Below is a summary focusing on which H-1B cases are affected and which are not.

• New petitions filed on or after September 21, 2025 for beneficiaries outside the United States who will require entry in H-1B status.
• Any new filings after the effective date, whether cap-subject or cap-exempt, where the worker is outside the U.S. and will seek admission in H-1B status.
• Certain denied or ineligible in-country filings: If a petition filed on or after September 21, 2025, requests a change of status, amendment, or extension of stay, but USCIS determines that the individual is not eligible for that benefit (for example, because the person is not in valid status or departs the United States before adjudication), the proclamation will apply. In that situation, the $100,000 payment would be required before the individual could seek admission to the United States in H-1B status.

• Any H-1B petition filed before September 21, 2025.
• H-1B extensions, amendments, or change-of-status filings inside the U.S. where the beneficiary remains eligible and does not require admission from abroad.
• Existing H-1B visa holders with valid status or visa stamps; the rule does not retroactively apply.
• Other visa categories such as TN, E-3, L-1, or F-1 are not included in the proclamation.

• The new payment requirement is tied to both new filings and entry into the U.S. in H-1B status.
• USCIS has confirmed that the proclamation does not apply to any previously issued or currently valid H-1B visas, or to petitions filed before 12:01 a.m. EDT on September 21, 2025. It also does not prevent holders of valid H-1B visas or approved petitions from traveling in and out of the United States.
• This means that beneficiaries with approved H-1B petitions filed before September 21, 2025, may continue to apply for visa stamping or travel after that date without being subject to the $100,000 fee.
• The rule applies prospectively only to petitions filed on or after September 21, 2025. However, if USCIS later finds that a petition filed after that date is ineligible for change, amendment, or extension (for example, due to a lapse in status or the beneficiary’s departure before adjudication), the proclamation will apply, and the payment will be required before reentry in H-1B status.

• Treat any new H-1B petition filed on or after September 21, 2025 for a beneficiary abroad as potentially subject to the $100,000 payment.
• For individuals already in the U.S., continue filing extensions or amendments as usual, but ensure the beneficiary maintains valid nonimmigrant status to avoid falling into the “ineligible” scenario described above.
• Avoid unnecessary international travel while USCIS and the Department of State continue to issue clarifications.
• Consult immigration counsel for case-specific strategy, especially where status lapses, travel plans, or timing issues may intersect with the new rule.