5 More Things to Know about the Presidential Proclamation Impacting H-1B Visas
On October 20, 2025, USCIS issued additional guidance regarding the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. It requires certain H-1B petitions filed on or after 12:01 a.m. eastern daylight time (EDT) on September 21, 2025 to include an additional payment of $100,000. The new guidance aims to address key questions about the Proclamation’s applicability, which we have summarized below.
1. Who is subject to the payment?
The $100,000 payment applies to new H-1B petitions filed on or after 12:01am EDT on September 21, 2025 for:
- Beneficiaries outside the United States who do not possess a valid H-1B visa;
- Petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for a Beneficiary in the United States; or
- Petitions filed for a change of status, amendment, or extension of stay where USCIS determines the Beneficiary is not in valid status, or where the Beneficiary departs the United States before the petition is approved.
2. Who is not subject to the payment?
According to USCIS, the $100,000 payment does not apply to:
- Petitions filed before 12:01am EDT on September 21, 2025; or
- Amendment, change of status, or extension of stay petitions filed on or after that date for a Beneficiary in the United States where the amendment, change of status, or extension is granted.
Beneficiaries holding a valid H-1B visa should be able to continue to use the valid H-1B visa stamp to enter the United States with a valid H-1B approval notice. In addition, USCIS has clarified that Petitioners whose amendment, change of status, or extension of stay are filed and approved after September 21, 2025 will not be required to pay the fee if the Beneficiary later departs the United States and either applies for a new H-1B visa or reenters using an existing valid H-1B visa. All individuals should carefully assess the risks associated with international travel and consult an experienced immigration attorney before making any international travel plans.
3. How must the payment be made?
Impacted Petitioners must submit the required $100,000 payment via pay.gov.
4. When must the payment be made?
The payment must be completed before the Form I-129 petition is filed with USCIS and proof of payment must be included at the time of filing. Petitions subject to the $100,000 payment filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.
5. What are the exceptions to this policy?
According to USCIS, exceptions to the $100,000 fee may be granted by the Secretary of Homeland Security, but only in rare circumstances where the Secretary determines that the worker’s presence in the United States is in the national interest. To qualify for an exception, petitioning employers must demonstrate a number of factors. Employers seeking an exception to the fee must submit their requests and all supporting evidence to USCIS. USCIS has not yet provided further procedural additional details regarding this process.
Conclusion
While the updated guidance addresses some important questions, we anticipate additional clarification as USCIS seeks to implement this change in policy. Additional guidance may be provided by U.S. Customs & Border Protection and by the U.S. Department of State, as well.
The Quarles immigration team continues to closely monitor new developments, including two recently filed lawsuits seeking to enjoin USCIS from enforcing the Proclamation. We will provide updates as new information is available. For questions, please reach out to your Quarles immigration attorney or:
Visit our Federal Policy Watch: Monitoring White House Developments page for more insight about navigating changes at the federal level.