100 Thousand Dollar H-1B Visa Fee

On Friday, September 19, 2025, the White House released a new presidential proclamation concerning the H-1B visa program. The proclamation declared that the entry into the U.S. of aliens in the H-1B category will be restricted “except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000”. The effective date of the new proclamation was 12:01 a.m. EST on September 21, 2025.

The proclamation was then further clarified in a September 20, 2025, memorandum from Joseph Edlow, the Director of United States Citizenship and Immigration Services (“USCIS”). The memo clarifies that the new fee “applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025”. The September 20 memo further states: “This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” Director Edlow further clarified that the proclamation does not restrict the ability of any current H-1B visa holder to enter the U.S.

The proclamation is initially set to be in effect for a period of one year and then be subject to extension. The proclamation also provides an exception for individuals, companies, and industries whose work the Secretary of Homeland Security determines to be in the national interest of the U.S. The proclamation further orders the Secretary of Labor to revise the applicable prevailing wage levels “to levels consistent with the policy goals of this proclamation” and orders the Secretary of Homeland Security to create a rule which will “prioritize the admission as nonimmigrants of high-skilled and high-paid aliens”. It is yet to be seen how the exceptions for work in the national interest of the U.S. and the preference to highly paid aliens will be implemented. We also expect that several aspects of the new proclamation could be challenged by the courts.

We will continue monitoring these developments so that we can best advise our clients about how to operate in this changing environment. If you have any questions about how this new proclamation may impact you or your employees please contact Karl R. Urich at Kulrich@ssdlaw.com