Policy Update: New White House Proclamation on the $100,000 H-1B Entry Fees
On September 19, 2025, the White House issued a Presidential Proclamation imposing significant new restrictions on the entry of certain nonimmigrant workers under the H-1B program. Under the proclamation, foreign nationals seeking H-1B admission from abroad must either pay a $100,000 entry fee or qualify for a national interest exception. The stated rationale is to address “systemic abuse” within the H-1B program, but the measure raises the financial barrier for employers seeking to hire new H-1B talent from outside the United States.
On September 20, 2025, however, USCIS and U.S. Customs and Border Protection (CBP) issued clarifying guidance narrowing the scope of the proclamation. On September 21, USCIS issued an H-1B FAQ, further clarifying the applicability.
Who is affected?
According to official memoranda and USCIS’s H-1B FAQ, the $100,000 fee applies only to new H-1B petitions filed on or after September 21, 2025, 12:01 a.m. EST, where the foreign national is outside the United States. This includes petitions for the 2026 H-1B lottery and any other new H-1B filings submitted after 12:01 a.m. EDT on September 21, 2025. Employers must await further government instructions on how to remit the fee or seek exemptions.
Who Is Not Affected?
The proclamation does not apply to:
Individuals holding a valid H-1B visa.
Individuals with a pending or approved petition filed before September 21, 2025.
Individuals with a consular appointment based on an approved H-1B petition as of the effective date.
Individuals who qualify for a national interest exception, provided they are otherwise admissible. While the proclamation does not define “national interest,” it is generally interpreted to cover fields vital to U.S. security, healthcare, and competitiveness.
Individuals filing within the United States seeking renewal petitions, including amendment petitions, change of employer petitions, or extension of stay petitions.
Practical Impact
The proclamation may have far-reaching consequences for U.S. employers. For example, a company seeking to hire a foreign-trained postdoctoral fellow abroad for a start date of October 1, 2025, would be required to pay the new $100,000 fee. The cost likely deters large enterprises and startups alike from seeking foreign-trained talent, particularly in research, healthcare, and technology sectors that traditionally rely on the H-1B program.
What’s Next?
Federal agencies, including USCIS and CBP, are expected to release detailed instructions on the new policy. These may cover how employers must remit the $100,000 fee and how national interest exceptions will be adjudicated. Employers should anticipate additional updates over the next several weeks and closely monitor official channels.
While the proclamation’s fee requirement does not apply to individuals with valid H-1B visas or petitions filed before September 21, 2025, employers and employees should remain cautious when planning international travel. While we await further guidance, postponing nonessential travel may be the safest course until the agencies provide additional clarifications. In the meantime, individuals entering the U.S. under H-1B visas might face additional delays and questions.
The proclamation is expected to face court challenges. Our firm will continue to monitor developments closely and provide updates as new information becomes available. If you have questions about how this proclamation may affect your workforce planning, hiring, or travel strategies, please contact us.
