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On Sept. 19, 2025, the President issued the Restriction on Entry of Certain Nonimmigrant Workers Proclamation, introducing significant new requirements for certain H-1B petitions. Under the Proclamation, certain H-1B petitions filed on or after Sept. 21, 2025, are subject to an additional $100,000 payment as a condition of eligibility.
One month later, the U.S. Citizenship and Immigration Services (USCIS) issued additional guidance clarifying key aspects of the Proclamation. The updated details regarding petition eligibility, payment procedures, and exceptions are summarized below.
Who is Subject to the $100,000 Payment?
The Proclamation applies to:
- New H-1B petitions filed on or after Sept. 21, 2025, for
beneficiaries who are:
- Outside the United States without a valid H-1B visa, or
- In the United States but for whom the petition requests consular notification, port of entry notification, or pre-flight inspection.
- Petitions requesting change of status, amendment, or extension of stay where USCIS determines the beneficiary is ineligible for such status (e.g., the beneficiary is not in valid non-immigrant status or departs the U.S. before adjudication).
The Proclamation does not apply to individuals with:
- Previously issued and currently valid H-1B visas.
- Petitions filed prior to Sept. 21, 2025.
- H-1B visa holders traveling in and out of the United States or beneficiaries of approved petitions who later depart and seek a visa or reentry under a valid H-1B.
- Petitions filed for amendments, change of status, or extensions for beneficiaries inside the U.S. where the change or extension is granted.
Payment of $100,000 fee.
When required, the $100,000 payment must be submitted online prior to the filing of the H-1B petition. Proof of payment or an approved exception must accompany the H-1B petition at filing. Petitions filed without proof will be denied.
Exceptions Granted by the Secretary of Homeland Security.
While the proclamation suggested a broader application of the exception, even so far as companies or specific industries being exempt, the current guidance would suggest that exceptions will be extraordinarily rare, specifically referencing a high threshold. The exception must be obtained prior to the filing of the H-1B petition. Criteria for an exception include:
- The foreign national's presence in the U.S. as an H-1B worker is in the national interest;
- No U.S. worker is available to fill the role;
- The foreign national poses no threat to U.S. security or welfare; and
- Requiring the $100,000 payment would significantly undermine U.S. interests.
Outside of the fact that the exception suggests that eligibility will be extremely rare, the process for requesting an exception does raise concerns, as any exception request will be submitted to a single government email address. Requests for exceptions must also include evidence supporting eligibility.
The Proclamation imposes a new financial requirement on certain H-1B petitions and may affect petitioning strategies for beneficiaries outside the U.S. Employers should ensure compliance with payment, proof, and exception procedures to avoid delays or denials.
Two federal lawsuits have been filed challenging the $100,000 H-1B fee — one in California and one by the U.S. Chamber of Commerce in D.C.— both arguing the fee is unlawful.
H-1B employers and workers seeking advice pertaining to this proclamation should contact the Taft Immigration team for further details.
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.
