USCIS Issues Guidance Following H-1B Proclamation

As you know, on September 19, 2025, President Trump signed a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers,” which introduced a $100,000 fee associated with the H-1B visa program.

The United States Citizenship and Immigration Services (USCIS) has now released guidance on the implementation of the $100,000 fee, including the following information:

The fee does not apply to:

  • F-1 students changing status to H-1B
  • Current H-1B holders seeking amendments, extensions, or employer changes
  • Petitions filed before September 21, 2025
     

The fee does apply to:

  • New H-1B petitions for candidates outside the U.S.
  • Petitions requesting consular or port-of-entry notification
  • Petitions denied due to ineligibility for change of status
     

Employers must include proof of payment or exemption with each petition. Exception requests must be submitted to [email protected] with full documentation. These exceptions are rare and subject to DHS discretion.

The complete guidance can be accessed here.