On September 19, 2025, President Trump issued a Presidential Proclamation requiring a $100,000 payment for sure H-1B petitions the place the employee is exterior the USA. Efficient September 21, 2025, U.S. entry will likely be restricted until the petition is accompanied by this cost. The restriction is momentary (12 months, by September 20, 2026) however could also be prolonged.
The Proclamation doesn’t finish the H-1B program. Employers could proceed to file extensions, amendments, and transfers for H-1B workers already inside the USA. Pending or permitted petitions for employees who stay within the U.S. is not going to be topic to the brand new payment. Nonetheless, worldwide journey is strongly discouraged, as returning workers may face the brand new cost requirement. The Division of Homeland Safety could exempt people, firms, or industries if using H-1B employees is within the “nationwide curiosity,” although the usual for these exemptions isn’t but outlined. Cap-exempt entities (universities, nonprofits) aren’t particularly carved out however could qualify below this exemption.
On September 20, 2025, USCIS Director Joseph Edlow issued a memorandum making an attempt to make clear implementation of the Proclamation. In accordance with USCIS, the $100,000 payment applies solely prospectively, to petitions not but filed. The Proclamation doesn’t apply to beneficiaries of petitions filed earlier than the efficient date, beneficiaries of permitted petitions, or people holding validly issued H-1B visas. A White Home H-1B Reality Sheet provides additional clarification.
Regardless of this clarification, key questions stay unanswered. The memorandum doesn’t specify whether or not the payment applies to petitions requesting a change or extension of standing, or a change of employer. It additionally leaves open the likelihood that USCIS could try and restrict the payment to cap-subject petitions within the FY27 lottery, however no affirmation has been offered. Furthermore, the USCIS steerage departs from the Proclamation’s language, creating inconsistencies that heighten uncertainty.
The Proclamation, as a result of it’s based mostly on INA 212(f) which addresses the “entry of any aliens” or of “any class of aliens”, shouldn’t apply to somebody contained in the US who’s in search of an extension of keep, and it shouldn’t additionally apply to a change of standing to H-1B within the US even when the clarification from the White Home doesn’t state it. Nonetheless, right now, we have now not acquired official clarification on this level.
