FAQ: New $100,000 H-1B Fee Under Presidential Proclamation

On September 19, 2025, the White House issued a proclamation titled, “Restriction on Entry of Certain Nonimmigrant Workers.” We've compiled the following questions and answers to provide you with the most up-to-date information regarding this proclamation. This is for your general awareness and informational purposes only. For additional questions or concerns, please contact vis_scholar@stonybrook.edu

• What changes have been made to the H-1B visa program?
  A presidential proclamation titled Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. (effective 12:01 a.m. EDT September 21, 2025) introduced an additional $100,000 fee for certain new H-1B petitions.
• Who must pay the $100,000 Fee?
  The $100,000 fee applies to H-1B petitions filed on or after September 21, 2025, for individuals outside of the U.S. requesting consular or port-of-entry notification.
  If USCIS denies a change or extension of status (but approves the underlying petition, converting it to a consular case), the fee then becomes required.
• Under what circumstances would USCIS deny a change or extension of status?
  This situation usually occurs when USCIS finds that the individual is not eligible for an in-country change or extension of status if a status violation has occurred. In that case, USCIS may still approve the petition for consular processing, requiring the individual to apply for the H-1B visa abroad and making the $100,000 fee applicable.
• Who is exempt from the $100,000 Fee?
  • Any H-1B visa issued or H-1B petition filed before 12:01am EDT on September 21, 2025.
  • Petitions for individuals already in the U.S. seeking a:
    • • Change of status
      • Change of employer
      • Extension of status
  • If a change or extension of status is approved, and the individual later departs and applies for an H-1B visa abroad, no fee is required to obtain the visa.
• Is this an annual fee?
  No, USCIS has confirmed that this is a one-time fee based on submission of a new H-1B petition.
• How long will the proclamation be in effect?
  The fee is currently in effect until September 21, 2026.
• Does this impact international travel for current H-1B holders?
  No- under current federal guidance, the new $100,000 H-1B fee does not apply to international travel or re-entry for people who already hold valid H-1B visas or status.