This legal update has been updated pursuant to new guidance and FAQs provided by USCIS late afternoon on September 20, 2025 and on September 21, 2025.
On September 19, 2025, President Trump signed a proclamation that significantly changes how the H-1B visa program works for foreign workers currently outside the U.S. These changes take effect at 12:01 a.m. EDT on September 21, 2025, and will remain in place for 12 months, unless extended.
$100,000 Entry Fee Required for H-1B Workers Outside the US
- Effective at 12:01 a.m. EDT, individuals who are seeking entry into the U.S. in H-1B status pay a $100,000 supplemental government fee for each H-1B worker.
- Employers must provide proof of the $100,000 payment for H-1B petitions filed for individuals outside of the U.S.
- Without this payment, the H-1B beneficiary/worker will not be allowed to enter the U.S. or change to H-1B status.
On September 20, USCIS issued a Memo clarifying that the proclamation only applies prospectively to H1B petitions filed after 12:01 am EDT on September 21, 2025. On September 21, 2025, USCIS issued an FAQ page. The memo and FAQs clarify that this proclamation does not affect:
- H-1B petitions filed prior to12:01 am EDT on September 21,2025;
- Beneficiaries with currently approved H-1B petitions; or
- Beneficiaries who are in possession of valid H-1B non-immigrant visas.
Pursuant to the clarification provided, H-1B workers whose H-1B petitions were filed before September 21, 2025, can enter the U.S. or re-enter the U.S. after international travel without being subject to the $100,000 H-1B fee. Further, the new rule does not change any payments or fees required in connection with any H-1B renewals. Fredrikson will provide additional information regarding any future changes to the H-1B program as more definitive guidance is issued by USCIS.
Travel Guidance
Due to remaining unanswered questions regarding the scope of the proclamation, it is prudent for H-1B workers to carefully consider discretionary international travel until further guidance is issued.
National Interest Waivers Available
For H-1B petitions which will be subject to the $100,000 fee, the only exception is if the Department of Homeland Security (DHS) grants a national interest waiver, which may apply to individuals, companies, or entire industries deemed essential to the national interest of the U.S. and which do not pose a threat to the security or welfare of the United States.
Future Changes to the H-1B Program
The proclamation also directs the following actions to take place:
The Department of Labor will evaluate prevailing wage levels to be consistent with the intent of the proclamation; and,
DHS will implement a rule to prioritize the admission of “high-skilled and high-paid” workers in future admissions. There is no guidance at this time regarding the definition of “high-skilled and high-paid.”
This is a fast-moving situation. Note that this is an update to the original alert issued on September 20, 2025. Please contact the Fredrikson Immigration Team for any questions as implementation details are still unfolding.
