On September 19, 2024, President Trump issued a Presidential Proclamation requiring employers of H-1B specialty occupation employees to pay a $100,000 fee prior to the employee entering the U.S. in H-1B status. This proclamation took effect on 9/21/2025 and will remain in effect for one year, unless extended. This Proclamation immediately caused a frenzy and several USCIS and CBP memos and posts on X have attempted to clarify which H-1B petitions would be affected resulting in more questions than answers.
Specifically, USCIS clarified that this Proclamation only affects new H-1B petitions filed on or after 9/21/2025 per USCIS Memo 9 20 2025 . To reiterate, by new, the President refers to Beneficiary’s who have not had an H-1B petition filed for them prior to 9/21/2025. Kindly note that there is an important distinction because an “H-1B petition” and an “H-1B visa” as they are two different things. Some 2026 H-1B cap beneficiaries who had an “H-1B petition” approved but had not yet applied for their “H-1B visa” at a U.S. consulate, were worried that this $100,000 fee would apply to them. It does NOT. It is our understanding that anyone holding an H-1B petition approval is not affected irrespective if you have the “H-1B visa (used to facilitate entry into the U.S.”) affixed in your passport or not. The “H-1B petition” approval alone exempts you.
The Administration also clarified that this is a one-time fee and does not apply to change of employer, renewals, change of status or extension of stay filings for Beneficiaries within the U.S. This would also presumably exempt an F-1 student who switches from F-1 to H-1B status for a cap-exempt organization from paying the fee, since the student is within the U.S. and is not seeking entry into the USA.
Furthermore, the Proclamation expressly states “Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section.” Taken literally, if the H-1B Beneficiary is in the U.S., when the H-1B petition is filed, even after 9/21/2025, then the $100,000 fee should not apply. Word on the street is that firms are filing H-1B’s and they are being receipted in by the Service without the $100,000 fee.
This Proclamation raises many questions such as:
- Are cap-exempt petitions exempt from this new fee?
- What is the criteria and procedures for requesting a national interest exemption (NIE)?
- When will the DOL release their revised H-1B wage levels, and will these revised H-1B wage levels also affect PERM wage levels?
- How will these changes affect areas of clear labor shortages areas such as doctors? Will they be exempt or merit a NIE?
- Where and how does this $100,000 fee get paid?
- What documentation or information would an H-1B visa holder need to present to CBP to demonstrate payment?
While current H-1B visa holders remain eligible to reenter the U.S., there may still be heightened scrutiny at ports of entry. We strongly discourage non-essential travel until further clarity is available. If international travel is unavoidable, please be prepared for additional questioning and possible delays.
Litigation is expected, which will impact how the proclamation is enforced. Court rulings could introduce new exceptions, suspensions, or additional requirements with little notice. Employers and employees should closely monitor updates from USCIS and DHS.
Speak With An H-1B To Green Card Lawyer Today
Transitioning from temporary status to permanent residency is one of the most important steps in an H-1B holder’s immigration journey. With proper planning, detailed preparation, and trusted legal guidance, you can secure a Green Card and build a future in the United States.
Pollak PLLC serves clients nationwide from offices in Dallas and Fort Lauderdale. We offer services in English, Spanish, and additional languages upon request. Contact our H-1B to Green Card lawyer today to plan your transition to permanent residency.
