As AHCA/NCAL shared previously, the President recently signed a proclamation to restrict the entry into the United States of certain H-1B non-immigrant worker visas, requiring a $100,000 payment to accompany or supplement H-1B petitions for new applications. The restriction applies only to new entrants and includes provisions for national interest exemptions at the Secretary of Homeland Security’s discretion. The policy remains in effect for 12 months unless extended.
Most recently, on October 20, the U.S. Citizenship and Immigration Services (USCIS) released additional information clarifying how the $100,000 H-1B payment requirement applies to petitions filed on or after September 21, 2025. The guidance clarifies that the fee does not apply to those already in the U.S. who are approved for an amendments, change of status, or extension of stay. However, the fee does apply to foreign workers outside the United States if they don’t already have a valid H-1B visa and have an H-1B petition filed before September 21, 2025.
The guidance also lays out criteria for an exemption from the fee. To qualify for an exemption from the 100k fee, a petitioner must show the foreign worker presence in the U.S. is in the national interest, no American worker is available, the foreign worker does not pose a security threat, and requiring the payment would significantly undermine U.S. interests.
Additional information can be found on the USCIS site.