President Donald Trump issued a proclamation on September 19, 2025, which became effective September 21, 2025, implementing a $100,000 fee for certain individuals seeking H-1B status. Further comments from the White House press secretary and the White House's Rapid Response team, on their respective social media accounts on September 20, 2025, indicate that the proclamation does not apply to individuals holding a current visa, nor those already in H-1B status traveling in and out of the United States. The proclamation restricts the entry of certain individuals seeking H-1B status unless the $100,000 fee has been paid. Subsequent memorandums issued by U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) on September 20, 2025, clarified that the proclamation only applies prospectively to H-1B petitions filed after September 21, 2025.
Practical Implications
- H-1B petitions that are filed after 12:01 a.m. ET on September 21, 2025, will be subject to the proclamation and the $100,000 fee will be required unless a national interest exception applies.
- While USCIS indicates that the proclamation does not apply to individuals who are "the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas," it is silent as to whether the proclamation will apply to future petitions filed on behalf of these same individuals, namely petitions requesting a change of employer, extension of status, or amendment.
- CBP also confirms the inapplicability of the proclamation to the individuals listed above. It further confirms that the proclamation does not affect the ability of current H-1B visa holders to travel to and from the United States.
- While the U.S. Department of State issued FAQs on its website and noted that it has provided guidance to all consular offices that is consistent with USCIS and CBP guidance, no public-facing memorandum has been released. It remains unclear how the Department of State will implement the proclamation as it relates to visa issuance.
- As of this writing, there is no mechanism for the $100,000 fee to be paid.
- No details have been released regarding whether the proclamation applies to H-4 dependents, but it may ultimately affect their ability to seek H-4 status as well.
Exceptions
Certain individuals, companies, and industries may be exempt from the fee if the administration determines that the exemption is within the national interest of the United States and does not pose a threat to the security or welfare of the United States. Further information regarding these national interest exceptions has yet to be provided.
Additional Provisions
Prevailing wage. An upcoming shift to prevailing wage levels tied to H-1B petitions is forthcoming. While there are no details regarding these changes, it will likely entail an increase in the prevailing wages to be paid to H-1B employees.
B-1 visa guidance. The secretary of state will issue guidance meant to prevent misuse of B-1 business visitor visas by individuals with approved H-1B petitions that have an employment start date prior to October 1, 2026.
We expect that the proclamation will be challenged in court. If an injunction is issued, then the proclamation's implementation may be delayed during litigation.
We are carefully reviewing all updates and will provide information as this further develops. Please contact experienced counsel for legal advice related to your specific situation.
Please note that the above guidance was updated from a blog post that was published and circulated on Saturday, September 20, 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
