UPDATED: Sunday, September 21, 2025 (5 PM PDT).

On September 19, 2025, the White House issued a Presidential Proclamation imposing a $100,000 fee on H-1B petitions filed by employers on or after September 21, 2025 and restricting the entry of H-1B visa holders unless the underlying petition is accompanied or supplemented by a payment of $100,000.

On September 20, hours before the proclamation was to take effect, United States Citizenship and Immigration Services (USCIS) issued a memo stating the following:

• • The proclamation imposing the $100,000 fee only applies prospectively to petitions that have not yet been filed.
• • The proclamation does not apply to foreign nationals who:
  • · are the beneficiaries of petitions that were filed prior to the effective date of the proclamation (September 21, 2025),
  • · are the beneficiaries of currently approved H-1B petitions; or
  • · are in possession of validly issued H-1B non-immigrant visas.
• • The proclamation does not impact the ability of any current visa holder to travel to or from the United States.

On Sunday, September 21, initial reports confirmed that current H-1B visa holders were admitted to the U.S. and not denied entry pursuant to the order. On Sunday, September 21, 2025, the U.S. Department of State also published a notice adding that the order: “Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.”

Travel

H-1B workers and family members in H-4 status who plan to travel internationally are advised that this is an evolving situation subject to change on short notice.

• • H-1B workers currently in the U.S. who need to apply for a new visa may wish to postpone travel until more information is available regarding implementation of the order and should consult with immigration counsel prior to departing the U.S.
• • H-1B workers outside the U.S. planning to enter the U.S. with a valid H-1B visa and petition issued prior to the effective date should be admitted pursuant to the USCIS memo available here; this memo has also been referenced by Customs and Border Protection (CBP) officials.
• • H-1B workers outside the U.S. with valid H-1B petitions and upcoming visa appointments should be able to attend appointments and obtain visas according to the Department of State notice.

Impact on New H-1B Petitions

Various news outlets and administration officials have commented elsewhere (and unofficially) that the proclamation will apply to H-1B petitions filed pursuant to the FY 2027 H-1B cap lottery (i.e., the lottery that will be conducted in March 2026). However, this is not at all clear from the proclamation itself. The text of the proclamation does not distinguish between new H-1B visa applicants and current H-1B visa holders. Moreover, the imposition of such a fee on any H-1B petition without following the regulatory process of providing public notice and opportunity to comment will face legal challenges. Legal challenges to the order have already been filed.

It remains unclear which H-1B petitions will be impacted and whether employers requesting extensions of H-1B status, requesting a change of H-1B employer or filing new cap-exempt H-1B petitions will be able to file such requests after September 21, 2025 without payment of the fee. There is no current process for payment of such a fee by employers.

There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. However, there is no information about how exceptions will be processed at this time.

What’s Next?

Agencies are expected to provide additional guidance, and employers may consider postponing non-urgent filings until more information is available. As legal challenges progress and agencies begin implementation, the scope of the order may change. Employers should consult with immigration counsel for advice regarding the strategy for specific cases.

The proclamation also provides that:

• • Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
• • The Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26
• • The Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants. No proposed rule has been published to date.

The general information provided above is not intended as legal advice and is subject to change. Please contact your Van Der Hout representative for specific legal advice about your case.