On Friday, September 19, 2025, the Trump Administration published a Proclamation requiring that all H‑1B visa petitions be accompanied by a $100,000 fee. The order also prohibited the re-entry to the U.S. of any H‑1B workers who previously had not paid the $100,000 fee. The Proclamation took effect on September 21, 2025, at midnight. We have been tracking the development of U.S. Citizenship and Immigration Services (USCIS) guidance on implementation of the Proclamation and last reported on the USCIS H-1B FAQ, which was published on September 21, 2025.
On October 20, 2025, USCIS published additional guidance indicating the following:
“In accordance with section 1(c) of the Proclamation, for H-1B petitions subject to the Proclamation, petitioners must submit a copy of the proof of the payment from pay.gov or evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without evidence of payment or the grant of an exception will be denied.”
That guidance also included a link to the USCIS landing page for H-1B Specialty Occupations, which was simultaneously updated with additional information regarding which H-1B petitions require payment of the $100,000 fee. Specifically, it states:
“The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.
In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.
The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025. In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.
The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.”
The October 20, 2025 guidance answers many of the questions that were unanswered by prior proclamations. To summarize:
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For more information, please contact a member of our Immigration Practice Team or the Phillips Lytle attorney with whom you have a relationship.
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