New Presidential Proclamation Requires an Extra $100,000 for Certain H-1B Employees

The applicability of the new fee is not clear, and we are waiting for clarifications from the government on many questions. We have been continuously monitoring the situation and are in contact with the immigration bar across the country to share information and outcomes of newly filed cases. The situation is fluid and evolving, but here is where we stand as of now.

The Fee Applies To

• H-1B petitions filed after 9/20/25 for workers outside the United States who are applying for their initial H-1B, including:
  • March 2026 lottery applicants.
  • Petitions by lottery-exempt organizations, namely:
    • Colleges and universities.
    • Nonprofit institutions affiliated with a college or university.
    • Nonprofit research organizations.
    • Governmental research organizations.

The Fee Does NOT Apply To

• Petitions filed with the US Citizenship and Immigration Services (USCIS) before 9/21/25.
• H-1B extensions with the same employer who remain in the United States.
• H-1B workers in possession of valid H-1B visas.

The Fee MAY Apply To

• H-1B extensions with the same employer who filed petitions after 9/20/25 and travel outside the United States.
  • The Proclamation and US Department of State discuss the fee as applicable to the “entry” of H-1B workers. So, there is a question as to whether the fee will be charged when the worker applies for a visa at a US Consulate or Embassy abroad or by the US Customs and Border Protection (CBP) at the port of US entry.
• H-1B transfers and change-of-employers filed after 9/20/25.
  • We have heard of H-1B change-of-employer petitions filed this week without the fee being required, but it is unclear if the fee will be required if the worker travels later, for example, at a US Consulate or Embassy at a visa interview, or by CBP at a port of US entry.
• H-1B change-of-status petitions.
  • If the petition is filed after 9/20/25 to change a worker’s status into H-1B status for the first time, and the employee is inside the United States, a fee may not be required; however, this is not yet clear. This is a “new” H-1B, but they are not “entering” the United States since they are already here. We are waiting to hear confirmation on this. The fee would appear to be required if the worker travels later, for example, at a US Consulate or Embassy at a visa interview or by CBP at a port of US entry.
  • If the worker is outside the United States, the fee is required.

Exemptions

The fee will not apply to a worker, company, or industry “if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such [H-1B worker(s)] is in the national interest and does not pose a threat to the security or welfare of the United States.” (Proclamation). The process for applying for an exemption has not yet been announced.

Regarding Travel

H-1B workers with current H-1B visas are permitted to travel. Canadian H-1B’s, who are exempt from the visa requirement, are permitted to travel and reenter the United States without the fee if it is based upon a petition filed before 9/21/25.

The State Department stated in its written guidance that the fee will only apply to visa applicants at US Consulates and Embassies abroad if they are based on petitions filed with the USCIS after 9/20/25. Thus, theoretically, H-1B workers are free to travel to attend visa appointments abroad if they are based on petitions filed before 9/21/25. However, while the details of how the Proclamation will be implemented are still being determined, it may be safest to limit international travel for these H-1B workers to only what is necessary.

Additional Open Questions

• How to apply for the fee exception for a worker, company, or industry.
• How to pay the fee.
• Whether the Proclamation applies to H-1B1’s from Chile and Singapore. For now, it is safest to assume that it does.
• Whether the Proclamation applies to H-4 family members. It does not appear to, but it is not definite.
• How the Proclamation applies to Canadians who are exempt from the physical visa requirement.

We are continuing to monitor the issue and will share any developments. In the meantime, please reach out with any questions to Berin S. Romagnolo or Nancy A. Noonan.