On September 19, 2025, the administration announced issued a Proclamation regarding H-1Bs. This proclamation announces that a $100,000 fee will be added to H‑1B petitions starting as of September 21, 2025. The proclamation itself initially read very broadly, but USCIS, the Department of State, and CBP have been starting to issue follow-up information. Unfortunately, as of the writing of this blog, a lot of the information coming from these agencies is inconsistent at best.
These things seem to be clear right now:
– The proclamation does not apply to petitions filed before September 21, 2025.
– Current visa stamps should be valid for travel.
– The proclamation applies to H-1Bs only (not H-1B1). H-4 dependent spouses and children could be impacted if their H-1B relative is affected, but they are not directly mentioned in the proclamation.
– Exemptions will be available on an individual or even company-wide basis if it is in the national interest to do so.
There are still a number of unclear pieces of information here:
– How the payment will be collected
– How the exemptions will be requested and processed
– Whether changes of employer or changes in position will trigger this $100,000 payment
– Whether it only applies to people entering the United States rather than those who are already here: The proclamation itself discusses "entry into the United States," whereas the September 21, 2025 FAQ discusses payment being required for "any new H-1B visa petitions"
Lawsuits and evolving agency information may bring clarity and/or additional changes. This post will be updated with more current information as it's available.
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.
