$100,000 H-1B Visa Petition Fee

Updates on the September 19, 2025 presidential proclamation establishing a $100,000 H-1B visa petition fee and imposing related travel restrictions

graphic depicting US visa petition fee

By Donald W. Parker, Immigration Attorney

October 2025

On September 19, 2025, the President issued a Proclamation that temporarily halts decisions on “new” H-1B petitions and bans entry of certain H-1B workers, unless a $100,000 fee is paid. The Proclamation took effect September 21, 2025, at 12:01am EDT and is valid for an initial period of twelve months, with the potential for renewal. 

The terms of the Proclamation are general and unclear and as a result, on the following day, Saturday, September 20, 2025, the USCIS issued guidance stating that this additional fee and restrictions do not apply to foreign nationals who are:

  • (i) the beneficiaries of petitions that were filed prior to the effective date of the Proclamation,
  • (ii) the beneficiaries of currently approved petitions or 
  • (iii) are in possession of validly issued H-1B non-immigrant visas.

In its guidance memorandum, the USCIS also states that these new provisions will apply only to H-1B visa petitions that are filed after 12:01am (ET) on September 21, 2025. While the additional guidance is helpful it continues to leave a number of unanswered questions.

What We Know:

1. The provisions introduced in the Presidential Proclamation apply to “new” H-1B visa petitions filed after September 21, 2025. It appears that they are specifically intended to apply to new, cap-subject H-1B visa petitions filed after selection in the H-1B Lottery that will be held in March of 2026.

2. These new provisions will not apply to foreign nationals who are the beneficiary of an approved or pending H-1B visa petition filed before 12:01am on September 21, 2025 or who as of that date are in possession of an H-1B visa.

3. For foreign nationals who are subject to the new provisions, because they are the beneficiary of a “new” H-1B visa petition filed on or after September 21, 2025, the $100,000 payment must accompany the H-1B visa petition filed on their behalf. Without evidence of that payment, foreign national H-1B beneficiaries will not be able to obtain an H-1B visa at a US Consulate abroad or enter the U.S.

4. These new provisions will expire in 12 months and may be extended. In addition, within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary will jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the United States.

5. The Proclamation creates an exemption from the application of these new rules, any individual foreign national, all individuals employed by a company, or individuals working in a specific industry, if the Department of Homeland Security determines that such an exemption is in the national interest of the United States and would not pose a threat to the security or welfare of the United States.

What We Don’t Know at This Time:

1. We don’t know at this stage the types of H-1B visa petitions that will be subject to the new provisions. These include:

  • H-1B petitions to transfer the employment of a foreign national to a new employer and H-1B petitions filed to amend the terms of employment of the foreign national. NOTE: Based on the broad language of the categories of H-1B beneficiary exempted from the new provisions, we believe that H-1B transfer petitions and amended H-1B petitions will also be exempt. However, as of the date of this publication, the USCIS has not confirmed this interpretation.
  • New H-1B petitions filed by cap-exempt employers that are not subject to the H-1B Lottery and have the ability to file “new” H-1B petitions year-round.
  • H-1B petitions filed to transfer H-1B sponsorship to a new U.S. employer for foreign nationals who are the beneficiary of a pre-September 21, 2025 H-1B Lottery visa petition who never worked with the original sponsoring employer.

2. At this point, there is no information about how the $100,000 fee is to be paid, whether the fee can be paid by the foreign national or must be paid by the employer, or a variety of other issues related to the processes involved in the roll-out of these new provisions.

3. Similarly, there is no information yet about the National Interest exemption process for these new provisions including what the standard is for determining eligibility to such an exemption.

For now, the most important information we have about the new $100,000 visa petition fee and travel restrictions is that they will not apply to any foreign national with an H-1B petition approval or valid H-1B visa stamp obtained prior to September 21, 2025 or a pending H-1B visa petition filed on their behalf prior to this date. We also believe, although do not have formal confirmation from USCIS, that an H-1B transfer petition or amendment filed after the effective date of the Proclamation, is not subject to these new provisions. Finally, it is clear that these new provisions are intended to apply primarily to the H-1B Lottery that will take place in March of 2026.

We expect the Department of Homeland Security to issue additional guidance, possibly in the form of regulations, in the weeks or months ahead. We also expect that there will be challenges to the legality of the Proclamation filed in federal court in the weeks ahead.

We will keep you informed of developments in this area.