President Donald Trump signed a Proclamation on Sept. 19, 2025, requiring a $100,000 fee for H-1B nonimmigrants seeking to enter the United States ("Proclamation"). Initial reports suggested the restriction applied broadly, including to current visa holders. Over the weekend, the White House, U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) issued guidance narrowing — but not fully resolving — the scope of the measure.
Scope of Impact
USCIS and CBP both confirmed that the proclamation does not apply to current visa holders or to those selected during the FY2026 lottery whose petitions have already been approved. H-1B holders currently inside the United States, as well as those traveling internationally with valid visas, should not be subject to the fee requirement.
Beyond that, uncertainty remains. A White House FAQ states the fee applies to "any new H-1B visa petitions submitted after 12:01 a.m. [EDT] on Sept. 21, 2025. This includes the 2026 lottery and any other H-1B petitions submitted after 12:01 a.m. [EDT] on Sept. 21, 2025." (Emphasis supplied.) Several paragraphs later, however, the FAQ states that the Proclamation "does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition."
By contrast, USCIS's guidance is silent on whether extensions, amendments or transfers are covered. As USCIS is the agency responsible for adjudicating petitions and determining applicable filing fees, until further clarification is issued, the possibility remains that such petitions could be impacted.
Certain White House officials have stated that the Proclamation applies only to new applicants under the FY2027 H-1B lottery and does not apply to recently filed or pending extension, amendment or change-of-employer petitions for workers already in the U.S. However, as this clarification was not provided through official channels, uncertainty remains over the fee's applicability to these "new applications."
Next Steps for Employers
- Although the ability to travel internationally for H-1B employees with valid visas remains intact, employees should exercise caution. The administration has demonstrated they will take executive action with almost immediate implementation, suggesting that further orders could impact travel.
- Prepare for potential legal challenges, which may delay or suspend the Proclamation's implementation for FY2027 applicants.
As agencies have begun issuing clarifications, conflicting statements and silence from USCIS on key issues mean uncertainty remains. Jackson Lewis will continue to provide timely updates as further guidance develops.
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