More Guidance from White House, State Department, and Immigration Agencies on $100,000 Fee for New H-1Bs, Questions Remain

A recent proclamation by President Trump indicated that, effective September 21, 2025, at 12:01 a.m. Eastern Time, entry into the United States for H-1B workers would be restricted, unless they can prove payment of a new $100,000 fee. After the initial confusion caused by the wording of the proclamation and conflicting or contradictory statements by members of the administration, the White House, Customs and Border Protection (CBP), USCIS, and the Department of State (DOS) issued additional guidance. Based on this additional guidance, we can share the following information:

• The proclamation is now in effect. It expires in 12 months but may be extended.
• It requires the one-time payment of a $100,000 fee for each new H-1B petition filed after 12:01 a.m. ET on September 21, 2025.
• This is an additional, one-time fee on the filing of a new H-1B petition; subsequent renewals will not require the $100,000 payment.
• All currently existing H-1B application fees remain in effect.
• Procedures for payment of the $100,000 fee (as well as how to prove payment) still have to be implemented.
• The proclamation’s restrictions on visa issuance and entry apply only to H-1B beneficiaries seeking visa issuance or entry into the U.S. based on H-1B petitions filed after the effective date.
• This does not impact the ability of any current H-1B visa holder to travel to or from the United States.
• DOS stated that no visas have been revoked based on the proclamation.
• The proclamation is proactive and does not apply to:
• • Any previously issued H-1B visas.
  • Any H-1B petitions filed before September 21, 2025, that are still pending or were already approved.
  • H-1B renewals of petitions filed and approved before September 21, 2025 (the new one-time fee only applies to submission of a new H-1B petition).
  • National interest exemptions may be granted on a case-by-case basis.
  • Legal challenges by stakeholders to the new fee are likely.

The following is still unclear:

• Will the new $100,000 payment be required for:
• • Changes of H-1B employers
  • Amended petitions for those currently in lawful H-1B status?
  • Cap-exempt H-1B petitions?
  • H-1B1 petitions for nationals of Singapore or Chile?
• How will H-4 dependents be treated? Will they have to carry proof of payment?
• When and how will the one-time fee be payable, and what will serve as proof of payment?
• Will petitions for a change of status to H-1B, filed from within the United States, require payment (see below)?

The proclamation also instructs DOS to prevent the “misuse of B visas” by beneficiaries of approved H-1B petitions who have employment start dates prior to October 1, 2026—presumably to prevent them from entering and filing a change of status and avoiding the new fee. This implies that changes of status (e.g., from F-1 to H-1B) would not require the $100,000 payment, but we are still waiting for clear official guidance. Expect more changes to the H-1B program in the coming months: The proclamation also instructs the Department of Labor and the Department of Homeland Security to revise and raise the prevailing wage levels and to prioritize high-skilled, high-paid individuals in the H-1B lottery over those at lower wage levels. Rulemaking to that effect will be published shortly. We will continue to monitor the situation closely and update you as soon as new guidance becomes available. Meanwhile, please feel free to reach out with any questions or concerns you might have. Sources:

• White House Fact Sheet
• USCIS Memo
• USCIS H-1B FAQ
• DOS H-1B FAQ
• DOS Visa News Alert
• CBP Memo