USCIS issues clarification on the 100K fee (Presidential Proclamation)

SUMMARY IN ENGLISH REGARDING THE NEW PRESIDENTIAL PROCLAMATION ON H-1B VISAS

On September 19, 2025, the U.S. President issued a Presidential Proclamation imposing new restrictions on the entry of certain nonimmigrant workers under the H-1B visa program, as part of an initial reform effort.

📌 New $100,000 payment requirement:
Starting September 21, 2025 (12:01 a.m. EDT), all new H-1B petitions filed for workers outside the U.S. without a valid H-1B visa must include an additional $100,000 payment as a condition for eligibility.

📍 Who is affected:

  • New H-1B petitions for beneficiaries outside the U.S. without a valid H-1B visa.

  • Petitions requesting consular notification or port of entry notification.

  • Petitions seeking change of status or extension if USCIS determines the person is not in valid status or has left the U.S. before adjudication.

🚫 Who is NOT affected:

  • Individuals who already have a valid H-1B visa issued before Sept. 21, 2025.

  • Petitions filed before that date.

  • Petitions for amendments, changes of status, or extensions approved for individuals currently in the U.S.

  • Current H-1B holders traveling abroad and reentering the U.S. with a valid visa.

💵 How and when to pay:
The payment must be made before filing the petition through  https://www.pay.gov/public/form/start/1772005176
Petitioners must include proof of payment or evidence of an exception granted by the Secretary of Homeland Security.

⚠️ Petitions without proof of payment will be denied.

🧾 Exceptions (very rare):
The Secretary of Homeland Security may grant an exception only if:

  • The worker’s presence serves the national interest.

  • No qualified U.S. worker is available.

  • The worker poses no threat to U.S. security.

  • The $100,000 payment would significantly harm U.S. interests.
    Requests for exceptions must be sent to H1BExceptions@hq.dhs.gov.

💬 In summary:
This measure only affects new H-1B petitions, not existing visas.
However, gray areas remain regarding status changes (for example, moving from H-1B to B1/B2 and back to H-1B), and further clarification from USCIS is expected.