On September 19, 2025, the President issued a Proclamation on the Restriction on Entry of Sure Nonimmigrant Employees, requiring any new H-1B petitions to incorporate a further $100,000 cost as a situation for eligibility.
Following the President’s announcement, USCIS launched clarification on the brand new payment requirement, specifying that the surcharge solely applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025. The payment is triggered solely when the international nationwide beneficiary is outdoors the USA on the time the petition is filed, and the petition requires visa issuance at a U.S. or port of entry notification.
Importantly, the USCIS steering additionally clarifies who’s exempt from the surcharge. For instance, H-1B petitions filed earlier than the efficient date will not be topic to the payment. Moreover, people already in H-1B standing within the U.S.—akin to these in search of extensions, amendments, or a change of employer—will not be required to pay the surcharge underneath the present steering. The duty for paying the payment rests with the petitioner (employer), and proof of cost have to be included with the petition on the time of submitting. USCIS instructs employers to submit the required payment utilizing pay.gov, following the cost directions.
Fast Highlights
The payment doesn’t apply to:
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Petitions filed previous to Sept. 21.
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Beneficiaries of beforehand issued and at present legitimate H-1B visas.
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Petitions requesting an modification, change of standing, or extension of keep for a beneficiary contained in the U.S., when USCIS subsequently grants that request.
From a sensible HR and immigration-strategy viewpoint, the clarification brings much-needed specificity. Employers should now consider not simply the submitting date of the H-1B petition but in addition the placement and standing of the international employee to find out whether or not the surcharge applies. As a result of the requirement is narrower than some had feared—that’s, it doesn’t broadly apply to all H-1B filings—it permits many employers to proceed with inside transfers, extensions and different in-U.S. issues with out incurring the surcharge. On the identical time, for brand spanking new abroad hires who can be outdoors the U.S. when the petition is filed, the surcharge provides a big price and administrative layer.
For international nationals in search of H-1B standing, this steering gives each reduction and warning. These already within the U.S. on H-1B or transitioning underneath change-of-status are largely unaffected by the $100,000 surcharge underneath present guidelines. However for these outdoors the U.S., or for employers planning consular-processing circumstances filed after the efficient date, the fee is actual and should issue into employment gives, budgeting and immigration timelines.
In abstract, USCIS’s current steering ensures that the surcharge is just not sweeping however fairly focused: it applies solely to an outlined subset of H-1B petitions involving international nationals overseas and filed after September 21, 2025.
Employers who perceive the interaction of submitting date, employee location/standing and petition kind can handle the impression, whereas worldwide staff ought to affirm whether or not their case is topic to the surcharge earlier than commitments are made.
Request for Exceptions
For these impacted by the payment, the Secretary of Homeland Safety might grant an exception to the $100,000 cost solely in “terribly uncommon” circumstances. To qualify, the Secretary should decide that the international employee’s presence in the USA as an H-1B worker serves the nationwide curiosity, that no U.S. employee is accessible to fill the position, that the employee poses no menace to the nation’s safety or welfare, and that requiring the employer to make the cost would considerably hurt U.S. pursuits.
Employers who imagine their H-1B candidate meets this excessive commonplace are instructed to submit a proper request, together with all supporting documentation, to H1BExceptions@hq.dhs.gov.
Pending Litigation
Two federal lawsuits have been filed difficult the legality of the brand new payment. On October 3, a coalition of labor unions, hospitals, colleges, and non secular organizations introduced a lawsuit within the U.S. District Courtroom for the Northern District of California, arguing that the chief motion is unconstitutional and violates the Administrative Process Act. The plaintiffs declare that the $100,000 payment exceeds presidential authority and threatens crucial workforce pipelines throughout a number of sectors.
Individually, on October 16, the U.S. Chamber of Commerce filed its personal lawsuit, asserting that the surcharge locations an extreme monetary burden on employers, weakens U.S. financial competitiveness, and will exacerbate present labor shortages. Each fits search to dam enforcement of the presidential proclamation. The lawsuits stay ongoing.
For extra data on the USCIS steering, please click on right here.
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