As you are aware, on September 19, 2025, the President signed a Proclamation requiring a $100,000 fee to accompany any new H-1B visa petition.
Since the Proclamation’s release, federal agencies including U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the U.S. Department of State (DOS) have issued memoranda and guidance.
Below are the key updates based on guidance that was released after the initial Proclamation:
Filing Fee for NEW Petitions:
A $100,000 fee must accompany any new H-1B visa petition filed after 12:01 a.m. EDT on September 21, 2025. This includes submissions for the 2027 H-1B lottery and all other new filings thereafter.
Agency Memoranda and Guidance Appears to Limit the Applicability of the Proclamation as follows:
- The Proclamation, including the $100,000 fee, does not apply to H-1B petitions submitted before 12:01 a.m. EDT on September 21, 2025, whether pending or approved.
- The Proclamation, including the $100,000 fee, does not apply to applications for H-1B visa issuance at U.S. Consulates, provided the H-1B petition was filed prior to 12:01 a.m. EDT on September 21, 2025.
- While there is no official guidance, based on anecdotal evidence, it appears that the Proclamation, including the $100,000 fee, does not apply to H-1B extensions filed on behalf of beneficiaries who are in the United States.
Implementation Challenges & Potential Risks
- While agencies have issued such initial guidance, the guidance has been confusing, contradictory and incomplete.
- Without more coherent and comprehensive guidance, our advice remains that H-1B beneficiaries should avoid international travel wherever possible, as we believe the inconsistency in agency guidance is likely to result in delays and confusion at Ports of Entry (for admission to the U.S.) and U.S. Consular Posts (for issuance of H-1B visas).
- Additional agency guidance and instructions are expected in the coming days and we will continue to provide updates as they become available, including guidance as to whether the $100,000 fee applies to H-1B extensions, amendments or changes of employer filed on behalf of beneficiaries who are in the United States.
NEW DOL INITIATIVE – “Project Firewall” – New H-1B Enforcement Initiative
Separate from the Proclamation, the Department of Labor has initiated Project Firewall, targeting H-1B compliance.
Key takeaways include:
- Direct Oversight by DOL: The Secretary of Labor will certify all investigations into suspected violations.
- Penalties: Employers found noncompliant may face back wage payments, civil penalties, or disqualification from the H-1B program.
- Interagency Coordination: DOL will collaborate with DOJ, EEOC, and USCIS to ensure enforcement and eliminate discrimination.
Employers should immediately review internal H-1B procedures to ensure full compliance with wage and worksite obligations, including Public Access File recordkeeping as required under federal law.
Additional regulatory changes are expected, including:
-
- DOL rulemaking to raise prevailing wage levels and restrict program abuse.
- DHS proposals to prioritize H-1B lottery selection for high-skilled, high-wage applicants over lower-wage tiers
Conclusion
The Proclamation, along with the DOL’s increased enforcement effort, marks a significant shift in how the federal government is approaching the H-1B visa program. Employers are encouraged to act now to ensure their compliance practices, communicate on-going updates to their foreign national employees, and prepare for additional policy changes in the months ahead.
We will continue monitoring the situation and provide updates as information becomes available.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.