Updated Guidance on the H-1B Proclamation & $100K Fee

On September 19, 2025, the President issued a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” described by the Administration as an initial step to reform the H-1B program. Effective 12:01 a.m. EDT on September 21, 2025, certain H-1B petitions must include an additional $100,000 payment as a condition of eligibility. US Citizenship and Immigration Services (USCIS) and the State Department have since posted additional implementation details, with the most recent update provided by USCIS on October 20, 2025 that can be found here.

Who is subject to the $100,000 payment

The payment applies to new H-1B petitions filed on or after 12:01 a.m. EDT, September 21, 2025 that fall into the following buckets:

• Beneficiaries outside the United States without a valid H-1B visa; and
• Petitions (even for individuals currently inside the U.S.) that request consular notification, port-of-entry notification, or pre-flight inspection.

It can also apply if you file an amendment, change of status, or extension for someone in the U.S., but USCIS later finds the person is ineligible for that benefit (e.g., not in valid status, or the individual departs the U.S. before USCIS adjudicates a change of status). In those cases, USCIS indicates the $100,000 payment will be required following agency instructions.

Not subject to the payment

• Previously issued, currently valid H-1B visas and petitions filed before 12:01 a.m. EDT on Sept. 21, 2025.
• In-country amendments, changes of status, and extensions if USCIS grants the requested benefit. A beneficiary later traveling abroad on that approval is not considered subject to the payment, and travel on a current, valid H-1B visa remains permitted.

USCIS has further clarified that the new fee primarily targets new petitions tied to consular processing/entry and does not apply to approved in-country changes of status (e.g., F-1 to H-1B) or granted extensions.

How to pay the $100,000

For petitions subject to the requirement, petitioners must submit the required $100,000 payment using pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176. Petitioners should retain the pay.gov and agency tracking ID confirmation.

When payment must be made

Payment must be completed prior to filing with USCIS. Petitions subject to the requirement must include proof of scheduled/completed pay.gov payment (or proof of an approved exception from DHS). Petitions filed without proof will be denied.

Exceptions (extraordinarily rare)

The Secretary of Homeland Security may grant an exception only where all of the following criteria are met:

• The specific worker’s presence in H-1B status is in the national interest;
• No U.S. worker is available to fill the role;
• The worker poses no threat to U.S. security or welfare; and
• Requiring the employer to pay would significantly undermine U.S. interests.

Employers seeking an exception must email a detailed request with supporting evidence to H1BExceptions@hq.dhs.gov, presumably before filing the H-1B petition with USCIS.

What employers should do now

• Map upcoming H-1B filings (new hires abroad, consular-processing cases, amendments or extensions that might convert to consular processing) to identify exposure to the $100,000 payment.
• Plan timing: Because proof of payment is required at filing, build pay.gov steps into your internal workflow.
• Assess alternatives where appropriate (e.g., in-country change of status pathways that—if approved—are not subject to the payment).
• Consider exception viability only in truly exceptional cases meeting the DHS standard; assemble strong national-interest evidence if pursuing.
• Budgeting: Update mobility budgets where relevant to reflect potential new cost exposure.

Frequently asked questions

Q: Does this affect current H-1B visa holders or petitions filed before Sept. 21, 2025?

A: No. The Proclamation does not apply to previously issued, valid H-1B visas, and it does not reach petitions filed before 12:01 a.m. EDT on Sept. 21, 2025. Travel on a current, valid H-1B visa is still allowed.

Q: We filed an in-country change of status (e.g., F-1 to H-1B) and USCIS approved it. Will we owe $100,000 later?

A: Current USCIS guidance indicates no. Approved, in-country changes of status petitions are not subject to the $100,000 payment. If the beneficiary later travels and applies for the visa abroad based on the approved petition, that alone does not trigger the payment.

Q: Where exactly do we pay, and what proof do we include with the filing?

A: Use pay.gov (form title “H-1B VISA PAYMENT TO REMOVE RESTRICTION”). Include the pay.gov confirmation (showing payment scheduled/completed) or DHS exception proof in the USCIS filing.

Q: Will there be litigation or changes?

A: Two lawsuits have already been filed challenging the legality of the Proclamation, including one filed last week by the Chamber of Commerce. Several organizations and commentators have flagged legal concerns with the October 20 guidance, and further guidance/updates are possible. We are monitoring developments and will update you promptly if implementation shifts.

If you have a pending or planned H-1B matter—especially involving consular processing or beneficiaries abroad—please reach out so we can evaluate whether the $100,000 payment applies and align on next steps and timing.