Update as of September 22, 2025:

The White House, Department of State and USCIS clarified over the weekend that the $100,000 H-1B fee will not apply to those with existing H-1B visas or for whom a petition has been granted. Specifically, in guidance released on Sunday by the Department of State and U.S. Citizenship and Immigration Services, the administration clarified that the proclamation:

• Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. EDT 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.

This Proclamation 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. The fee does not apply to extensions.
• Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.

There is still clarification that is needed, but for now this is the position of the administration.

Original post from September 20, 2025:

On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled "Restriction on Entry of Certain Nonimmigrant Workers," is effective 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

While we wait for details regarding implementation, below are key points and considerations:

• The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
• The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S.
• The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the U.S.
  • However, it could impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.

• USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.
• Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless the government instructs otherwise, it appears they are exempt.
• Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
• Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to October 1, 2026 – presumably to prevent them from entering and filing a change of status and avoiding the fee.
• Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.

Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.

We expect legal challenges to the proclamation and will update this page accordingly.

Please contact UB Greensfelder Partner and Immigration Practice Group Leader David Leopold with any questions regarding H-1B entries or other immigration matters.  

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. This legal update was created by UB Greensfelder LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney-client relationship. For any questions, or for further information, please contact your UB Greensfelder attorney.

Source: American Immigration Lawyers Association