Latest H1B $100K Fee- White House Proclamation and USCIS Guidance (September 2025)

At Immigration Fleet Law Firm, we are closely monitoring this evolving situation. As of today, the Proclamation and related agency guidance represent one of the most significant shifts in H-1B policy in recent years. We will continue to track updates from the White House, DHS, USCIS, and DOS and will keep our clients and readers informed as events unfold.

The Presidential Proclamation (September 19, 2025)

The Administration concludes that unrestricted H-1B entry is detrimental to U.S. economic and security interests.

Key Provisions of the Proclamation

1. Restriction on Entry – Additional $100,000 Payment

• Effective 12:01 a.m. EDT, September 21, 2025, the entry of H-1B specialty occupation workers (INA §101(a)(15)(H)(i)(b)) is restricted unless the petition is accompanied by a supplemental payment of $100,000.
• This restriction applies only to H-1B workers currently outside the United States.
• Absent renewal, the restriction will remain in place for 12 months.

2. Exceptions – National Interest Waivers

• The Secretary of Homeland Security has discretion to exempt:
  • Individual beneficiaries;
  • Entire companies; or
  • Entire industries,
    if such hiring is deemed in the national interest and not a threat to U.S. security or welfare.

3. Compliance Requirements

• Employers must obtain and retain documentation confirming the $100,000 payment.
• The Department of State will verify payment before approving visa issuance.
• DHS and DOS are instructed to coordinate to deny entry where payments have not been made.

4. Scope of Application

• The restriction applies only to foreign nationals entering or seeking to enter after September 21, 2025.
• Within 30 days following the completion of the next H-1B lottery, the Secretaries of State, Labor, and Homeland Security, along with the Attorney General, must jointly recommend to the President whether the policy should be extended or modified.

5. Wage and Rulemaking Directives

• The Department of Labor (DOL) is directed to commence rulemaking to adjust prevailing wage levels consistent with the Proclamation’s policy goals.
• The Department of Homeland Security (DHS) must initiate rulemaking to prioritize the admission of higher-skilled and higher-paid H-1B workers, in alignment with INA §§101, 212, and 214.

1. Prospective Application Only
   • The memorandum confirms the Proclamation only applies prospectively to petitions not yet filed as of September 21, 2025.
   • Beneficiaries of petitions filed before September 21, 2025 are not affected.
2. No Impact on Existing Visas or Status
   • The Proclamation does not affect individuals who:
     • Already hold valid H-1B visas,
     • Are beneficiaries of approved petitions filed before the effective date, or
     • Are lawfully present in the U.S. in H-1B status.
   • Current H-1B visa holders may continue to work, travel, and remain in the U.S. under existing terms.
3. USCIS Implementation
   • USCIS officers are instructed to ensure decisions align with the Proclamation and this guidance.
   • Visa issuance and entry for petitions filed after September 21, 2025 will require proof of the $100,000 supplemental payment.

Practical Takeaways for Employers and H-1B Beneficiaries

• Immediate Impact: Only new H-1B petitions filed on or after September 21, 2025 must include the $100,000 supplemental payment.
• Existing Approvals Unchanged: Current H-1B petitions and valid visas are not affected.
• One-Time Payment: The $100,000 fee is a single supplemental charge, not a recurring or annual fee.
• Entry vs. Status: The restriction applies only to entry into the United States.
  • It does not alter the rights of individuals already in H-1B status.
  • Current H-1B holders abroad may re-enter without paying the fee if they hold a valid visa.
• No Impact on Renewals: Extensions or amendments for existing visa holders remain unchanged.
• Future Lottery Cycle: The rule will first take effect during the next H-1B cap lottery in 2026.
• Potential Legal Challenges: Based on precedent, litigation is likely.
• Planning Ahead: Employers should reassess hiring strategies, explore alternative visa options, and budget for higher costs in upcoming H-1B filings.

Questions & Answers

Q1. Does the Proclamation invalidate existing H-1B approvals or visas issued before September 21, 2025?
A: No. Both the Proclamation and the USCIS memorandum confirm prospective application only. Petitions filed before September 21, 2025, remain valid. Individuals with approved petitions and issued visas may continue to enter and work under current terms.

Q2. Does this measure apply to H-1B extensions or amendments filed after September 21, 2025, for beneficiaries already inside the U.S.?
A: No. The Proclamation targets entry of H-1B workers. Extensions, amendments, or change-of-employer petitions for beneficiaries lawfully in the U.S. are not subject to the $100,000 payment. However, if such individuals later depart the U.S. and seek re-entry, proof of supplemental payment may be required.

Q3. How will the $100,000 supplemental payment be processed and documented?
A: The Proclamation requires employers to make the supplemental payment in addition to standard USCIS filing fees and ACWIA/H-1B training fees. Employers must retain documentary evidence of payment, and the Department of State will verify payment before issuing visas. Specific remittance procedures are expected through DHS and DOS implementing guidance.

Q4. Are there exemptions for nonprofit research institutions, universities, or healthcare organizations?
A: The Proclamation does not create categorical exemptions. However, the Secretary of Homeland Security may grant discretionary waivers for entities or industries where H-1B hiring is deemed to serve the national interest and does not threaten U.S. security. Universities, nonprofit institutions, and healthcare providers may argue eligibility for such waivers.

Q5. Can employers seek refunds of the supplemental payment if a petition is denied or withdrawn?
A: The Proclamation does not address refunds. Based on current USCIS fee practices, supplemental payments are unlikely to be refundable once processed. Clarification is expected in agency implementation rules. Employers should budget conservatively and assume non-recoverability.

Q6. How does this policy interact with pending litigation on H-1B wage rules and lottery reforms?
A: The Proclamation directs the Department of Labor and DHS to issue new wage and prioritization rules. These efforts may overlap with ongoing litigation on prevailing wage methodology and lottery fairness. Employers should anticipate additional regulatory activity and possible injunctions in federal courts.

Q7. Will this policy affect consular processing timelines?
A: Yes. The Department of State must verify supplemental payment before visa issuance. This additional layer of review will likely increase processing times at consulates abroad. Applicants should expect delays and heightened documentation requests.

Q8. What strategies can employers adopt to mitigate risks under this new regime?
A: Employers may consider:

• Using cap-exempt categories (universities, nonprofits, research orgs).
• Exploring alternatives such as L-1, O-1, TN, or E-2 visas.
• Structuring global assignments to defer U.S. entry until clarifications or legal challenges resolve.