A Presidential Proclamation, signed on September 19, 2025, imposes a new $100,000 fee on new H-1B visa applications submitted on or after September 21, 2025, and restricts the entry of H-1B workers from outside the U.S. unless this fee is paid. Read the Proclamation.

On October 20, 2025, USCIS posted additional guidance on its H-1B Specialty Occupation webpage to clarify that the Proclamation does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. 

Further, the H-1B beneficiary of such a petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.

Based on this new guidance, only WashU sponsored H-1B consular cases will be subject to the fee. 

Key provisions

  • Entry restriction: Applies to new H-1B petitions for consular processing filed after the effective date of 12:01 am (ET) on September 21, 2025.
  • Effective date: Starts on September 21, 2025, for 12 months.
  • Prevailing wages: Policy adjustments favor higher-paid, higher skilled applications.

Important notes

  • The proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025. See Sept. 20, 2025 memorandum from DHS clarifying that the proclamation only applies prospectively to petitions that have not yet been filed.
  • It does not prevent any holder of a current H-1B visa, or any beneficiary following petition approval, from traveling in and out of the United States.
  • It also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for a nonimmigrant inside the United States.
  • The beneficiary of such petition (as listed above) will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.

These updates do not apply to H-1B petitions filed on behalf beneficiaries outside of the U.S. If you have questions about how the $100K will apply to these cases, contact OISS for additional guidance. 

Suggested action items:

  • While the proclamation does not apply to H-1B visa holders in the U.S., we recommend consulting OISS before making travel decisions to understand potential risks.
  • Read the White House Fact Sheet.
  • Review H-1B FAQs from the U.S. Department of State.
  • Read the H-1B Specialty Occupations updates from USCIS.

We advise that if you have international travel plans or other questions, contact OISS to discuss your specific situation. We will continue to update this page as needed.