New Presidential Proclamation Imposes $100,000 Fee for H-1B Petitions: What Employers Need to Know

On September 19, 2025, the President issued the Proclamation Restriction on Entry of Certain Nonimmigrant Workers which imposes a new $100,000 payment requirement for certain H-1B petitions filed on or after September 21, 2025.  The United States Citizenship and Immigration Service (USCIS) recently issued guidance to further explain which H-1B petitions would be subject to the requirement.  Specifically, we now understand that the fee applies primarily to new H-1B petitions for workers outside the United States who do not currently hold valid H-1B visas, as well as petitions requesting consular processing or port-of-entry notification.

Who Is Subject to the Payment

• New H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not have a valid H-1B visa
• Petitions requesting consular processing, port of entry notification, or pre-flight inspection; and
• Petitions requesting a change of status, amendment, or extension if USCIS later determines the beneficiary was not eligible for such a request (e.g., not in valid status or departed the U.S. before adjudication)

Who Is Exempt from the Payment

The payment does not apply to:

• Petitions filed before September 21, 2025
• Individuals holding valid H-1B visas or beneficiaries of previously approved petitions
• Petitions filed inside the United States requesting an amendment, change of status, or extension that USCIS grants or
• H-1B workers who travel abroad and reenter the United States on a valid H-1B visa based on an approved petition

Exceptions

The Secretary of Homeland Security may grant a narrow exception where:

• The worker’s presence is determined to be in the national interest
• No qualified U.S. worker is available for the position
• The worker poses no threat to U.S. security or welfare and
• The payment requirement would significantly undermine U.S. interests

What This Means for Employers

• Employers should review all upcoming H-1B filings and plan accordingly to comply with the new rule.
• Payment must be made prior to filing a petition with USCIS.
• Petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment.
• Petitions filed without proof of payment through (or proof of exemption) will be denied by USCIS.
• Limited national-interest exceptions may be requested from DHS at H1BExceptions@hq.dhs.gov.

For more information, please contact your Gibney attorney or email info@gibney.com.