On September 19, 2025, the President issued a Proclamation that, under certain circumstances, imposes a $100,000 supplemental fee tied to H-1B employment and entry to the United States. The original Proclamation’s scope and applicability were unclear.
On the evening of September 20, 2025, USCIS (DHS) issued a memorandum providing additional guidance and clarification on the scope of the proclamation. This memorandum clarified that the Proclamation applies prospectively only to H-1B employment-based petitions filed after 12:01 a.m. ET on September 21, 2025. Accordingly, the proclamation does not apply to:
- beneficiaries of petitions filed before the effective date
- beneficiaries of currently approved petitions
- individuals holding a valid H-1B visa
The memorandum further confirmed that the Proclamation does not affect the ability of any current H1-B visa holder to travel to or from the United States.
We advise that if you have international travel plans or other questions, please contact OISS to discuss your specific situation.