FAQ: Understanding the $100,000 H-1B Fee

On September 19, 2025, President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” available  here. For further details on how the proclamation unfolded, see our news alert. 

The terms of the proclamation purported to ban the entry of H-1B nonimmigrants into the U.S. as of the effective date unless their H-1B petition was accompanied by a $100,000 fee. Since the proclamation’s publication, various U.S. government agencies have attempted to clarify some of the proclamation’s key points, yet important questions remain.      

In addition to the fee, the administration has launched Project Firewall, a multi-agency initiative targeting fraud and abuse in the H-1B program. The Department of Homeland Security (DHS) and the State Department are coordinating implementation, while further reforms, including a wage-weighted lottery system, are under review. 

In the FAQs below, we provide the latest updates from the U.S. government, outline our current recommendations for international travel and highlight the outstanding questions that require further clarification. 

Note that these updates and recommendations are based on the information provided by government agencies and may be subject to change based on subsequent agency guidance and practices.

Please note that these updates and recommendations are based on information provided by government agencies and may be subject to change as new guidance and practices emerge. We will continue to make every effort to share any updates or changes as they become available.

New H-1B Fee: Frequently Asked Questions  

When did this proclamation take effect? 

The proclamation took effect at 12:01 a.m. EST on September 21, 2025.   

Which visa types does the proclamation impact?

The proclamation only targets the H-1B visa category. There are currently no changes to the other employment-related visa categories such as O-1s, TNs, J-1s, E-3s, E-1/E-2s or H-1B1s. 

Note: H-1B1 visa holders may face additional scrutiny when traveling abroad. Although the proclamation applies only to H-1B specialty occupation workers, border officials may confuse the distinction.

Does the proclamation have an expiration date? 

Absent an extension, the text of the proclamation indicates that the restriction on entry to the U.S. will expire 12 months after 12:01 a.m. EST on September 21, 2025.    

Per the order, agencies are directed to submit recommendations on its renewal within 30 days of the FY 2027 H-1B lottery.       

Where can I find the government’s latest updates? 

Government agencies have issued the following FAQs attempting to clarify the proclamation: 

• Department of State FAQ 
• Department of State Announcement 
• USCIS FAQ 
• White House FAQ 
• CBP X Post 
• USCIS also issued a memo, which can be found here. 

Are all H-1B holders and petitions impacted by the proclamation? 

The government’s subsequent guidance clarifies that the following individuals are exempt from the proclamation: 

• Beneficiaries of petitions filed before the effective date (12:01 AM ET on September 21, 2025) 
• Individuals with currently approved petitions 
• Holders of validly issued H-1B visas 

In short, the proclamation does not affect previously issued H-1B visas or petitions submitted before the deadline. Current H-1B holders can continue working and any petitions already on file before the effective date should continue to be processed without the additional fee. 

Is the $100,000 fee a one-time fee per person, per petition or per company? 

The government’s guidance states: “The fee is a one-time fee on submission of a new H-1B petition,” indicating that the fee should only be required with the initial H-1B petition. It’s unclear whether subsequent “new” H-1B petitions, such as a change of status petition for an individual with a previous H-1B approval and currently in a different immigration status, would be subject to the fee. 

How can an employer pay the $100,000 fee? 

The proclamation provides no information or instruction on how to pay the fee. The Department of Homeland Security has also yet to release any guidance on the procedure for payment and, if paid, how the payment would be verified. 

How does the proclamation impact future extension petitions? 

USCIS clarified that the proclamation “Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.” (emphasis added) 

H-1B extensions (sometimes called “renewals”) should not be subject to the fee, even if filed after the proclamation’s effective date. The government’s follow-up guidance indicates that fee is intended to be a one-time fee on submission of a new H-1B petition.  

How does the proclamation impact future H-1B transfer and amendment petitions? 

USCIS clarified that the proclamation only applies to “new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.” (emphasis added) 

Although transfer and amendment petitions are not filed as “new” petitions, it remains unclear whether the government intended the fee to apply to all non-extension petitions filed after the proclamation’s effective date. We are awaiting confirmation. 

Should employers delay H-1B petition filings until there is more clarity? 

Employers should work with their immigration counsel to determine the appropriate filing strategy for their employees and candidates. While outstanding questions remain, it’s important to note that there is currently no process in place for collection of the $100,000 fee. Employers should also take the necessary steps to ensure a compliant workforce by timely filing necessary amendments and extensions. 

I am currently in the U.S. on a valid H-1B visa – can I travel internationally? 

At this time, we advise caution if departing the U.S. While reports indicate that some H-1B applicants have successfully applied for visas and/or entered the U.S. since the proclamation’s effective date, individuals may still face pushback from consulates and border officers confused about the proclamation’s requirements.     

If you have an urgent/immediate need to travel, please reach out to your legal team directly.     

I am currently abroad with a valid H-1B visa stamp. Should I return? If so, when?    

The government’s guidance clarifies that the proclamation “does not prevent any holder of a current H-1B visa from traveling in and out of the United States.” Early reports indicate that H-1B applicants have successfully entered the U.S. since the proclamation’s effective date, but you may still face pushback from border officers confused about the proclamation’s requirements.  

I am currently abroad and waiting to attend my H-1B visa appointment. Should I attend my visa appointment? 

You may proceed with your visa appointment with caution and keep in close touch with your immigration team for legal updates, so you may postpone if needed. While there are reports of successful H-1B visa applications at consulates since the proclamation took effect, the inconsistent guidance regarding the applicability of the $100,000 fee may result in confusion, delays, and/or potential visa rejection. 

Are there any exceptions to the proclamation? 

The proclamation provides an exception to the restriction on entry and $100,000 fee for “any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.”  

The proclamation and subsequent agency guidance fails to provide any further clarity on the process and criteria to apply and qualify for such a “national interest” exemption. 

What does the proclamation say about prevailing wages? 

Section 4 of the proclamation states that: “The Secretary of Labor shall initiate a rulemaking to revise the prevailing wage levels to levels consistent with the policy goals of this proclamation.” Thus, while there are no immediate impacts to prevailing wages, a separate rule proposal from the Department of Labor may be forthcoming. 

How will the proclamation impact next year’s H-1B cap lottery? 

The government’s guidance indicates that the $100,000 fee is intended to apply to the 2026 (FY2027) H-1B lottery. When combined with related changes, including an increase to prevailing wage levels and prioritization of individuals at higher wage levels, the proclamation could result in significant changes to the lottery process. 

Will the proclamation face legal challenges? 

Legal challenges are expected imminently, and court intervention could potentially block the order. Given the unprecedented nature of the proclamation, the timing and likelihood of a successful challenge is unclear. While the president has broad power to limit the entry of certain non-citizens for legitimate national interest reasons, new fees for visa applications typically require congressional authorization. 

When will the government provide further guidance? 

The government has not provided a timetable for clarification of some of the key outstanding questions, including the applicability of the fee to change of employer and amendment petitions and the procedure for fee collection. As agencies continue to confront these questions in practice over the coming weeks, however, we expect to receive further guidance.  

Want to Learn More? 

For a deeper dive into the $100K H-1B fee, lottery reform and employer strategies, watch our recorded session featuring U.S. immigration attorneys: Watch now on YouTube.  

We also continue to closely monitor this evolving situation, and our firm publishes news alerts here. 

Don’t Miss an Update 

At Envoy Global, we combine smart, friendly legal teams with smart, friendly technology to facilitate immigration for companies and the global talent they depend on. Our holistic, proactive immigration services are built for accuracy and efficiency, always putting people first. 

Reach out today to learn how we can support your company’s immigration needs and help you navigate this rapidly evolving situation.