On Friday, September 19, 2025, President Trump signed a proclamation that bans the entry of certain H-1B workers to the United States, unless the employer has paid a fee of $100,000 for the sponsored employee. The proclamation took effect 12:01 am EDT on September 21, 2025 (effective date), and, as summarized in our prior alert, left many unanswered questions regarding its implementation. On October 20, 2025, US Citizenship and Immigration Services (USCIS) posted to its website much needed clarification regarding certain aspects of the proclamation’s implementation:
Who is subject to the $100,000 payment?
According to USCIS, the $100,000 payment applies to the following H-1B petitions:
- New H-1B petitions filed on or after the effective date on behalf of a beneficiary outside the United States and not in possession of a valid H-1B visa;
- H-1B petitions filed on or after the effective date, and which request consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the United States; and
- H-1B petitions filed on or after the effective date, and which request a change of status, amendment, or extension of stay, but where USCIS determines the beneficiary is not eligible for the requested benefit (often resulting in the petition being approved, but as consular notification).
The $100,000 payment must be made prior to filing the above petitions, and petitions submitted without evidence of payment will be denied according to USCIS. H-1B petitions requesting a change of status, amendment, or extension of stay, but where it is determined the beneficiary is not eligible for the requested benefit, will need to submit the $100,000 payment according to instructions provided by USCIS.
Who is not subject to the $100,000 payment?
The proclamation does not apply to the following:
- Any previously issued and currently valid H-1B visas;
- Any H-1B petition submitted prior to the effective date. Following approval, the beneficiary will not be prevented from travelling in and out of the United States; and
- Any H-1B petition filed on or after the effective date requesting a change of status, amendment, or extension of stay and where the beneficiary is granted such change of status, amendment, or extension of stay. The beneficiary of such petition will not be subject to the payment if they subsequently depart the United States and apply for an H-1B visa and/or seek to return to the United States on an existing H-1B visa.
National interest exceptions
According to USCIS, exceptions to the $100,000 payment will be granted in “extraordinarily rare circumstances” where it is determined the worker’s presence in the United States in H-1B status “is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.” Such exemption requests are to be submitted to a designated email address with all supporting evidence. At this time, it is not clear how long it will take USCIS to review such requests.