FAQ: New $100,000 H-1B Fee Under Presidential Proclamation

On September 19, 2025, the White House issued a proclamation titled, “Restriction on Entry of Certain Nonimmigrant Workers.” We've compiled the following questions and answers to provide you with the most up-to-date information regarding this proclamation. This is for your general awareness and informational purposes only. For additional questions or concerns, please contact vis_scholar@stonybrook.edu

• What changes have been made to the H-1B visa program?
  A presidential proclamation titled Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. (effective 12:01 a.m. EDT September 21, 2025) introduced an additional $100,000 fee for certain new H-1B petitions.
• Who is subject to the $100,000 Fee?
  • Applies to H-1B petitions filed on or after September 21, 2025.
  • Applies to petitions filed on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa.
  • Applies to petitions that are filed requesting consular notification, port of entry notification, or pre-flight inspection for an individual in the U.S.
    • • And/or to petitions that request a change of status or amendment/extension of stay where USCIS determines that the beneficiary is ineligible for a change or extension of status within the U.S. (e.g. is not in a valid nonimmigrant visa status, or if they depart that U.S. prior to adjudication and abandon the change of status request.) Thus USCIS denies the request (but approves the underlying petition, converting it to a consular case), the fee then becomes required.
• Who is NOT subject to the $100,000 Fee?
  • Does not apply to any previously issued/currently valid H-1B visas
  • Does not apply to any petitions submitted prior to Sept. 21, 2025. 
  • Does not apply to any petitions filed (even after Sept. 21, 2025) requesting an amendment, change of status, or extension of status.
  • If a change or extension of status is approved, and the individual later departs and applies for an H-1B visa abroad, no fee is required to obtain the visa.
• Is this an annual fee?
  No, USCIS has confirmed that this is a one-time fee based on submission of a new H-1B petition.
• How long will the proclamation be in effect?
  The fee is currently in effect until September 21, 2026.
• Does this impact international travel for current H-1B holders?
  No- under current federal guidance, the new $100,000 H-1B fee does not apply to international travel or re-entry for people who already hold valid H-1B visas or status.