In a sequence of startling and conflicting bulletins that precipitated quite a lot of panic over the weekend for H-1B holders and their employers, President Trump launched a brand new $100,000 H-1B visa price on Sept. 19 via the Proclamation “Restriction on Entry of Sure Nonimmigrant Employees,” which was adopted by memos issued by U.S. Citizenship and Immigration Providers (USCIS) on Sept. 20 that sought to make clear how the brand new $100,000 price might be utilized.
The proclamation indicated that as of 12:01 a.m. on Sept. 21, anybody coming into the U.S. in H-1B visa standing might be required to pay a $100,000 price, except their employment is within the U.S. nationwide curiosity. Nevertheless, subsequent USCIS coverage memos restricted the scope of this visa price to solely new H-1B petitions for people exterior the U.S.
We anticipate that there might be additional bulletins refining the main points of this price, and we anticipate litigation difficult the validity of the proclamation itself, however for now these are the important thing takeaways:
Present H-1B visa holders should not topic to the $100,000 price
- The price doesn’t seem to use to any beforehand filed H-1B petition.
- People with beforehand filed H-1B petitions ought to nonetheless be capable to receive new H-1B visas or use their at present legitimate H-1B visas to journey into the US with out paying the brand new price.
Future H-1B petitions could also be required to pay the $100,000 price
- The price seems to use solely to H-1B petitions that might be filed on or after Sept. 21, 2025 on behalf of people who’re exterior the US.
- H-1B visa petitions is not going to be authorized for people who’re exterior the US except the $100,000 price has been paid, and the H-1B worker’s entry into the U.S. might be denied with out proof of fee of the $100,000 price.
- What stays unclear is:
- Whether or not the brand new price will apply to H-1B petitions requesting a change of standing, extension of standing, change of employer, or modification for people who’re within the U.S. on the time of submitting.
- If the price doesn’t apply to those H-1B petitions on the time of submitting, it’s unclear whether or not the price might be required for entry into the US in a while, if and when the H-1B worker travels.
- Exemption from price:
- The price is not going to apply to people whose employment is within the U.S. nationwide curiosity and doesn’t pose a risk to the safety or welfare of the U.S., in accordance with the discretion of the Division of Homeland Safety (DHS).
- The price doesn’t apply to H-4 dependents of H-1B holders.
The proclamation will expire one 12 months from its efficient date except it’s prolonged.
Given the great uncertainty surrounding this proclamation and exorbitant new price, we suggest suspending non-essential journey for H-1B visa holders presently till additional particulars emerge.
ADDITIONAL CHANGES TO H-1B PROGRAM
The proclamation additionally directs the Division of Labor and Division of Homeland Safety to revise the prevailing wage ranges, that are the minimal wages that may be paid to H-1B employees, and prioritize the admission of high-skilled and high-paid overseas employees. These modifications will additional restrict the accessibility of the H-1B visa class to many employers within the U.S., notably small enterprise and nonprofits.
This alert is for informational functions solely and shouldn’t be construed as authorized recommendation. Please contact us at immigration@norris-law.com for additional steering.
