Last Friday, September 19, 2025, the President issued a “Proclamation” assessing a $100,000 fee to the H-1B visa program. There was very little guidance provided as to its implementation. Over the weekend, on Sunday September 20th, both USCIS and USCBP issued internal memorandums stating:
“This proclamation only applies prospectively to petitions that have not yet been filed.
The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date (9/21/2025) of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.””
Yesterday, September 21st, USCIS posted the current FAQ on their website:
“… This Proclamation does not:
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- Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
- Does not change any payments or fees required to be submitted in connection with any H-1Brenewals. The fee is a one-time fee on submission of a new H-1B petition.
- Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.”
Based on the above, it is our interpretation that an employer’s H-1B I-129 amendment and extension filings are not subject to the fee – which include: change of worksite amendments, change of H-1B employer amendments, and promotions and job change related amendments. Further, it appears that those with an H-1B approval (I-797) may obtain a new H-1B visa stamp at a Consular post abroad and be admitted to the U.S. as an H-1B without the risk of being assessed a $100,000 entry fee. Bottom line, this new fee applies to “new” H-1B petitions filed after September 21, 2025, which will affect mostly those petitions filed during the course of 2026 (ex. FY2027 CAP) and not to current H-1B status holders or currently filed and pending petitions.
There are many questions that remain unanswered, for which we simply do not have answers at this moment. For example: does the fee apply to CAP exempt organizations (Universities and Non-Profits Hospitals) filing “new” petitions? Additionally, we anticipate that many individuals, corporations and organizations will file legal action against the administration today, and over the next few months, that will change the course of this proclamation and the government’s actions.
We continue with our guidance since January, that all those in the U.S. in various immigration programs and nonimmigrant statuses to avoid travel outside the U.S. due to the capricious nature of this administration in issuing new immigration policies. What we know today may change overnight. Travel at your own risk.
The following government links may be useful:
H-1B FAQ USCIS www.uscis.gov/newsroom/alerts/h-1b-faq
https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
https://x.com/CBP/status/1969512486627095007
If you require specific advice and consultation, please call us at 508-790-1181.