Overview
On October 20, 2025 USCIS issued updated guidance regarding the September 19, 2025 Presidential Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers”, which imposes an additional $100,000 payment on certain H-1B petitions as a condition of eligibility.
Below is a summary of the additional guidance:
Who Is Subject to the $100,000 Payment
The Proclamation applies to new H-1B petitions filed on or after September 21, 2025 in the following situations:
- Beneficiaries outside the United States who do not hold a valid H-1B visa.
- Petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for beneficiaries, even if they are in the United States at filing.
- Petitions where a change of status, amendment, or extension of stay is denied because USCIS determines the beneficiary is ineligible for such relief (e.g., not in valid status, or departs the U.S. before adjudication).
The Proclamation does not apply to:
- H-1B visas or petitions filed before September 21, 2025.
- Current H-1B visa holders traveling abroad and reentering on existing visas.
- Amendment, change of status, or extension petitions for foreign national inside the U.S. if granted.
- Of Important Note: While not explicitly stated, a fair reading of the guidance would indicate that the additional payment would not apply to petitions (if granted) filed with respect to H-1B transfers requesting an extension of stay from inside the U.S. or any prospective H-1B cap cases filed for a foreign national requesting a change of status from within the U.S. Further, a foreign national beneficiary of such 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.
How and When to Pay
- The $100,000 payment must be made before filing the H-1B petition.
- Proof of payment via pay.gov or evidence of an approved exception must be included with the petition.
- Petitions without proof of payment or an approved exception will be denied.
Exception Process
The Secretary of Homeland Security may grant exceptions only in extraordinarily rare circumstances, where all the following are established:
- The worker’s presence in H-1B status is in the national interest;
- No American worker is available for the position;
- The worker poses no threat to U.S. security or welfare; and
- Requiring the payment would significantly undermine U.S. interests.
Requests for exceptions, with supporting evidence, must be sent to: H1BExceptions@hq.dhs.gov
Key Takeaways
- The Proclamation primarily affects new overseas hires and consular cases.
- Current H-1B employees and pending extensions or amendments within the U.S. are generally not affected.
- It appears clear that H-1B transfer petitions requesting an extension of stay and prospective H-1B cap subject petitions requesting a change of status are not subject to the additional payment.
We will continue to monitor regulatory developments and legal challenges and will provide you with further updates as more information becomes available.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.