Immigration News

October 21, 2025

UPDATE Presidential Proclamation Requires $100,000 Payment for Certain H-1B Petitions – USCIS Issues Implementation Guidance

Overview

On September 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.”
USCIS has now released implementing guidance (as of October 20, 2025) detailing which H-1B petitions are subject to the new $100,000 payment requirement, how and when the payment must be made, and guidance on the limited exceptions available.

Who Is Subject to the $100,000 Payment 

The $100,000 payment applies to certain new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025.
Specifically, the payment is required if:

• The petition is filed on or after September 21, 2025; and
• The petition requests consular notification, port of entry notification, or pre-flight inspection for an H-1B beneficiary, and that beneficiary does not currently hold a valid H-1B visa; or
• The petition requests a change of status, amendment, or extension of stay, and USCIS later determines that the individual is ineligible for such change, amendment, or extension (for example, if the individual is not in valid status or departs the U.S. before adjudication).

Who Is Not Subject

The Proclamation and payment do not apply to:

• Petitions filed before September 21, 2025;
• Petitions filed on or after September 21, 2025 requesting amendment, change of status, or extension for an individual inside the U.S., where USCIS grants that amendment, change, or extension; or
• Those beneficiaries who hold previously issued, currently valid H-1B visas;

In short, most current H-1B workers and extensions filed for individuals maintaining valid H-1B or other nonimmigrant status, inside the U.S., will not owe this payment. If a petition is approved without the fee, as not subject to the proclamation, then the H-1B beneficiary may later travel out of the U.S. and apply for a visa to return, without triggering the $100k payment.

How and When to Pay (If Subject to the $100k fee)

• Payment method: If subject to the proclamation Petitioners must submit the $100,000 payment through Pay.gov, following the instructions here:
  👉 https://www.pay.gov/public/form/start/1772005176
• Timing:
  Payment must be made before filing the H-1B petition with USCIS.
  Petitioners must include:
  • Proof that payment has been scheduled on Pay.gov, or
  • Evidence of an approved exception from the Secretary of Homeland Security.

Petitions that require the payment but lack this proof will be denied.

Exceptions to the $100,000 Payment Are Available

The Secretary of Homeland Security may grant an exception in extraordinarily rare cases where:

1. The worker’s presence is in the national interest;
2. No U.S. worker is available to fill the role;
3. The foreign worker does not pose a threat to U.S. security or welfare; and
4. Requiring payment would significantly undermine U.S. interests.

Requests for exceptions must be submitted to: H1BExceptions@hq.dhs.gov and must include all supporting evidence.

USCIS states that these exceptions are expected to be extremely limited in practice. (However the guidance issued by USCIS goes well beyond the language of the Presidential Proclamation, which merely required the Secretary of Homeland Security to find that employing the H-1B worker “is in the national interest and does not pose a threat to the security or welfare of the United States.”)

Practical Takeaways for Employers

• Assess upcoming filings.
  Any new H-1B petition for a beneficiary outside the U.S., without a valid H-1B stamp in their passport, will trigger the $100,000 fee.
• Evaluate potential exception requests early.
  If an employee’s role could arguably meet the “national interest” criteria, consult counsel and prepare a detailed evidentiary package for DHS.
• Budget and plan accordingly.
  The new cost represents a major increase and may affect recruitment and mobility strategies.
• Avoid unnecessary travel.
  H-1B employees currently in the U.S. should avoid travel abroad that could require visa reissuance until policies stabilize.

Guidance for H-1B Employees

• If you are outside the U.S. and your employer plans to file a new petition on or after September 21, 2025, confirm whether the employer intends to pay the new fee or seek an exception.
• If you are already in the U.S. in valid H-1B or other nonimmigrant status, the fee will not apply to your current employment, travel, or standard extension or amendment filings.
• Avoid international travel that might require consular visa issuance if possible.
• Consult with immigration counsel before making international travel plans.

Next Steps & Ongoing Litigation

Multiple legal challenges to the Proclamation have been filed and more are anticipated, arguing that the $100,000 payment exceeds the President’s statutory authority and violates procedural requirements under the Administrative Procedure Act (APA). However, no injunctions or stays have been issued to date—the requirement remains in effect for now.

We will continue to monitor developments closely and provide updates as courts or agencies issue clarifications or modifications.

Contact Our Office

Please reach out to your attorney for case-specific analysis, exception evaluation, or assistance with Pay.gov payment procedures.