$100,000 Fee for the H-1B Visa Application: What you need to know?

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On September 19, 2025, President Trump issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” announcing new changes to the H-1B visa program. The proclamation imposes a $100,000 fee on all new H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025, but leaves open the possibility of applying for national interest exceptions for those impacted.

According to the proclamation, the goal is to prioritize highly skilled and highly paid foreign workers while curbing abuse of the H-1B visa program for specialty occupations. The measure is set to remain in effect for 12 months unless extended.

The timing and language of the proclamation has caused widespread confusion and concern among employers, as well as both current and prospective H-1B workers. In response, the White House and federal agencies issued follow-up explanations, which have left many questions unanswered and even contradicted the text of the proclamation.

Policy Memorandums

In a memo published the day after the proclamation, U.S. Citizenship and Immigration Services (USCIS) explained that the $100,000 fee applies only to new H-1B petitions filed after the September 21 effective date.

U.S. Customs and Border Protection (CBP) similarly posted on X: “President Trump’s updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025, are not affected.”

In a separate statement, the State Department said, “The Proclamation’s restrictions on visa issuance and entry apply only to aliens seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025, at 12:01 a.m. Eastern Daylight Time (EDT).”

To further clarify the proclamation’s impact, USCIS issued the following FAQs:

  • Does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. EDT on September 21, 2025.
  • 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.
  • Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.

One-Time Charge or Annual Fee?

With respect to whether the $100,000 fee is a one-time charge or annual fee, in a statement on X, the White House Press Secretary Karoline Leavitt said the $100,000 fee is a one-time charge that applies only to new H-1B visa petitions, not to renewals or current visa holders. She also clarified that the proclamation does not affect the ability of existing H-1B holders to travel or re-enter the U.S. and will take effect starting with the next H-1B lottery cycle.

What’s We Know for Certain

  • President Trump’s proclamation does not affect H-1B petitions that were filed or approved before September 21, 2025
  • Individuals who currently hold valid H-1B visas are not impacted by the proclamation
  • Preliminary reports indicate that USCIS is accepting extension petitions for individuals already in the U.S. without applying the new $100,000 fee
  • Amended petitions and change of employer petitions are also expected to be exempt from the new fee requirements, although this is not yet confirmed

The proclamation’s most immediate impact falls on cap-exempt H-1B petitions, particularly for workers at non-profit organizations and institutions of higher education. Unless further guidance is issued, cap-exempt petitions filed on or after September 21 for foreign workers currently outside the U.S. will be subject to the $100,000 fee.

The Department of State (DOS) will verify payment of the fee before issuing a visa. As of now, there is no official process or payment instructions for the $100,000 fee.

What Remains Unclear

 While numerous attempts have been made to clarify the proclamation’s impact, there remain many unanswered questions including official confirmation about whether H-1B extensions and changes of employer are exempt from the proclamation, how the fee is to be paid, and the process for requesting a National Interest exception for those impacted.

Travel Advisory

Existing H-1B visa holders should delay non‑essential travel until there is greater clarity about the impact of the proclamation. If travel is unavoidable, you must speak with an attorney to assess the risk of traveling overseas, especially if your H-1B petition has been filed after September 21st.

Conclusion

The presidential proclamation announcing the $100,000 fee marks a major shift in H‑1B policy — one with serious financial and procedural consequences. Although the measure doesn’t affect existing visa holders or previously filed petitions, uncertainty over exemptions, travel risks, and what exactly constitutes a “new” petition means caution is warranted.

The Law Office of Jacob Sapochnick stands ready to assist companies and individuals to develop contingency plans around this new proclamation.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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