A Major Shift in the H-1B Program

On September 19, 2025, the President issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers. “Effective 12:01 a.m. EDT on September 21, 2025, this proclamation introduces a new and extraordinary $100,000 supplemental fee for certain H-1B petitions.USCIS has released formal guidance on October 20, 2025, clarifying who must pay, who is exempt, and how to comply.

Meanwhile, several major organizations have already filed a federal lawsuit challenging the legality of the fee, arguing that it unlawfully exceeds executive authority. Until a court intervenes, however, the rule remains in effect — and petitioners must follow it carefully to avoid denial.

Who Must Pay the $100,000 Fee

Under the proclamation, the additional payment applies to new H-1B petitions that meet the following criteria:

• The beneficiary is outside the United States

• The individual does not already hold a valid H-1B visa

• The petition is filed on or after September 21, 2025

The payment also applies when a petition requests consular notification, port-of-entry notification, or pre-flight inspection for an individual inside the United States who lacks a valid H-1B visa.In certain situations, even petitions filed for change of status, amendment, or extension of stay can become subject to the fee — for example, if USCIS determines the foreign national was not in valid nonimmigrant status or departed the United States before the request was approved.

Who is NOT subject to the $100,000 payment:

USCIS confirms the proclamation does not apply to:

1. Any petition filed before September 21, 2025

2. A petition filed on or after September 21, 2025, requesting an amendment, change of status or extension of stay for an H-1B worker inside the United States if USCIS approves such amendment, change or extension. USCIS also confirmed that beneficiaries of these petitions will not be considered subject to the payment if after the petition is approved, the beneficiary 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.

3. Existing H-1B visa holders, even if they travel internationally and re-enter

4. Previously issued and valid H-1B visas

In other words, for now, many current students, workers, and visa holders inside the U.S. are unaffected — as long as their petitions are properly filed and adjudicated while they remain in valid status.

How and When to Pay

• Where to pay: Through the official government site pay.gov.

• When to pay: Before submitting the H-1B petition.

• Proof required: Petitioners must include confirmation of payment or a copy of an exception approval from the Secretary of Homeland Security.

• Missing documentation: Petitions subject to the fee but lacking proof of payment will be denied.

Exception Requests — Rare but Possible

The proclamation allows limited exceptions granted directly by the Secretary of Homeland Security — only in extraordinary cases where:

1. The worker’s presence in the U.S. is in the national interest,

2. No qualified U.S. worker is available for the role,

3. The worker poses no threat to U.S. security or welfare, and

4. Requiring the payment would significantly undermine U.S. interests.

Employers seeking this exception must send their request and supporting evidence to H1BExceptions@hq.dhs.gov. However, USCIS has indicated that such approvals will be extremely rare.

What This Means for You

This change has major implications for both U.S. employers and foreign professionals, including:

1. For International Students

If you are on F-1 or STEM OPT and are selected in the H-1B lottery, filing your case as a Change of Status while remaining in valid F-1/OPT status allows you to avoid the $100,000 fee entirely. Warning: Travel outside the U.S. before approval can automatically convert your case to a consular filing, instantly triggering the fee. Consult us for a Change of Status risk analysis before making any travel plans.

2. For H-1B Workers

If you already hold an H-1B visa or have a valid approval, you are not required to pay the new fee for extensions, amendments, or travel. Continue maintaining valid status and consult your attorney before making travel or job changes that might alter your filing type.

3. For Employers

You must submit proof of the $100,000 payment before filing for affected candidates outside the U.S. or face an automatic denial. Our team helps you determine applicability, ensure timely payment via pay.gov, and prepare a compliant petition to mitigate all risk.

The Pending Lawsuit

Several organizations — including the U.S. Chamber of Commerce, universities, and major business associations — have filed a lawsuit arguing that the President exceeded his authority under the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA).While the legal challenge seeks to block or overturn the fee, there is no injunction yet.Until the courts act, USCIS continues to enforce the $100,000 requirement for affected petitions.

Need Personalized Guidance?

At the Law Offices of Sabrina Li, P.C., we believe that every qualified professional deserves a fair and accessible opportunity to contribute their skills to the United States. Whether you are an international student, an employer, or a professional abroad seeking H-1B sponsorship, our experienced immigration attorneys are here to guide you through every step of the process. We will help you determine whether the new $100,000 fee applies to your case, identify any available exemptions or strategic alternatives, and prepare a complete and compliant petition with confidence. For personalized legal guidance, please contact us at info@sabrinali.law or call (213) 375-8096.