On Sept. 19, 2025, the President signed a proclamation that imposes a $100,000 fee on certain new H-1B petitions. The policy took effect 12:01am EDT on Sept. 21, 2025 and is framed as a reform intended to curb perceived program abuse, protect the domestic labor market and raise wage and skill standards.
A lot of confusion ensued after the announcement, and we can expect further details to emerge in coming weeks, but as of now, no clarity on how this fee is going to be paid or what documents will need to be presented to demonstrate payment of the fee has been established.
To start, the fee applies to new H-1B petitions filed on or after Sept. 21, 2025, for beneficiaries who are outside the United States at the time of filing. It also reaches new visa issuance abroad based on such petitions. As of now, existing H-1B workers already in the U.S. before Sept. 21 remain unaffected.
For example, if an employer filed an H-1B petition for a foreign worker before Sept. 21, even if the petition is still pending, they are not subject to the proclamation. Further, those foreign nationals who are in the U.S. on an H-1B status who may in the future seek an extension, amendment and change of employer are not subject to the fee.
These carve-outs are crucial for immediate workforce planning: Many routine HR actions for current H-1B staff should proceed without the additional $100,000 charge.
The proclamation is slated to last for 12 months from Sept. 21, 2025, unless modified or terminated earlier. It contemplates a national-interest exception to be defined and administered by the Department of Homeland Security, with additional guidance expected from DHS, USCIS and the Department of State on how to pay, eligibility for exceptions, and document requirements.
Several points are clear from the text and early agency commentary, but some require additional clarification. What is clear so far is that the $100,000 charge is a one-time fee, not a recurring annual payment. It only attaches to new petitions filed after the effective date, and it does not apply to renewals or extensions processed entirely within the United States.
However, important uncertainties remain, including change-of-status cases for individuals now in the U.S. but moving into H-1B from another status, and the treatment of cap-exempt employers (e.g., universities and certain nonprofits) is not fully spelled out. Furthermore, the criteria for the national-interest exception are pending, and travel and entry logistics, including whether proof of fee payment will be required at visa interviews or ports of entry, await formal guidelines.
Until agencies publish implementing guidance (and courts weigh in), employers should assume procedures may evolve quickly. This is a rapidly developing area. Employers and foreign nationals should monitor DHS/USCIS and State Department guidance, coordinate closely with immigration counsel, and be ready to pivot as rules and exceptions are clarified.
Barbara Wong-Wilson is an attorney at Mission Law & Advocacy, P.C. and SW Law Group P.C. wo**@*********ws.com.
