© Legal professional Farhad Sethna, 2025
The presidential proclamation of September 19, 2025, which despatched a variety of H-1b employers and H-1b beneficiaries right into a tizzy, appears to be resolved, no less than for now.
In two memos, each the USCIS and the USCBP have clarified the next:
The $100,000 H-1b price applies solely to NEW H-1b Purposes filed on after September 21, 2025. Once more, the price applies solely to new purposes. Subsequently, renewals aren’t affected by the Proclamation.
The price applies solely to fiscal 12 months 2026 H-1b purposes. Prior 12 months purposes aren’t impacted.
Subsequently, it might seem that aliens who’ve H-1b approvals, however don’t but have H-1b visas might journey exterior the USA, acquire their visa stamp of their passport, and returned to the USA with out having to pay the $100,000 price.
It’s only these NEW H-1b purposes filed AFTER September 21, 2025, which is able to entice the brand new $ 100,000 price. Sure, One Hundred Thousand {Dollars}.
For extra clarification, I’ve hooked up hyperlinks to each the implementing memos, as issued by USCIS and USCBP, beneath. Please learn them fastidiously.
As at all times, in case you have any questions, please do contact certified immigration counsel. Keep in mind, this text doesn’t represent authorized recommendation.
This isn’t a matter to be taken evenly, as this administration tends to vary its thoughts every day. Please keep tuned for any additional developments, and please share your experiences with me through electronic mail to farhad@sethnalaw.com. Your enter can be invaluable in guiding future H-1b standing vacationers.
© Farhad Sethna, Legal professional, 2025
Farhad Sethna has practiced regulation for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, each from the College of Akron. Since 1996, he has additionally been an adjunct professor of Immigration Legislation on the College of Akron, College of Legislation, in Akron, Ohio, the place he wrote and continues to make use of his personal immigration textbook. Legal professional Sethna is a frequent speaker at Persevering with Authorized Schooling {and professional} improvement seminars on numerous immigration-related subjects. His observe is restricted to immigration and small enterprise. He has received awards for excellence in instructing and for pro-bono service. With workplaces in Cuyahoga Falls, Ohio, Legal professional Sethna represents shoppers in all kinds of immigration instances earlier than federal companies and the immigration courts nationwide. A personal pilot, it’s Farhad’s objective to fly to every of Ohio’s 88 county airports. Our quantity is: (330) 384-8000. Please ship your basic immigration inquiries to farhad@sethnalaw.com. We’ll attempt to reply as many questions as potential.
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