Last Updated on October 22, 2025 by Anda Malescu
This article discusses the Trump proclamation new $100,000 H-1B visa fee and travel restrictions for certain H-1B visa holders.
On September 19, 2025, President Trump issued a proclamation (Restriction on Entry of Certain Nonimmigrant Workers) that requires payment of a new $100,000 fee for any individual seeking to enter or reenter the U.S. on an H-1B visa.
Key Details and Impacts
Effective Date:
The proclamation goes into effect at 12:01 a.m. EDT on Sunday, September 21, 2025. It expires in one year unless the administration extends it.
Who is Affected
The new $100,000 H-1B visa fee primarily targets H-1B visa holders who are currently outside the U.S and do not have a valid H-1B visa to enter the U.S. This affects cap-exempt individuals filing I-129s starting September 21, 2025 and people going through H-1B lotteries starting spring 2026.
It applies to new petitions filed after the effective date for individuals seeking to enter the country. It also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States. According to USCIS and CBP, the proclamation only applies to petitions that have not yet been filed.
In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (for example, is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the employer must pay the $100,000 H-1B fee.
Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
Who is Not Affected:
Change of Status to H-1B
USCIS clarified that petitions for change of status to H-1B are not subject to the $100,000 payment. If the change of status is approved, the foreign national can travel to obtain the visa without payment of the $100,000 fee.
However, if the change of status is denied, because the foreign national violated status, the $100,000 fee will be due or the employer will need to withdraw the petition.
This leaves the H-1B lottery intact for those already in the U.S. in valid nonimmigrant status seeking to change status to H-1B.
The Fee:
USCIS will not adjudicate new petitions for H-1B workers unless they include proof of the $100,000 fee. The payment supplements current fees for H-1B visa applications.
Exemptions:
The proclamation allows for potential exemptions for individuals, companies, or entire industries if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S.
How to Pay the $100,000 H-1B Fee
Petitioners must submit the required $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176.
Important Actions and Advice
Malescu Law can assist
If you are an employer, seeking to sponsor your employee’s H-1B visa, contact our H1B visa lawyers in to schedule an appointment. We assist with H-1B visa application process, H-1B visa transfer and travel during H-1B transfer as well as transfer from F1 OPT to H-1B and other visa options available to you.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
