UPDATED
October 22, 2025

On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) announced on its website when and how the $100,000 fee is to be collected and provided guidance on the criteria and procedure for employers to request an exception to this payment.

When does the $100,000 fee apply?

For certain impacted H-1B petitions filed at or after 12:01AM (Eastern) on September 21, 2025, USCIS is requiring the petitioning employer to pay the $100,000 fee through the government's Pay.gov site.

Impacted H-1B petitions include:

H-1B petitions filed on or after September 21, 2025, for individuals who are outside the United States and do not hold a valid H-1B visa.
H-1B petitions requesting consular processing (visa issuance abroad), port of entry notification, or pre-flight inspection for beneficiaries inside the U.S.
Where the H-1B petition requests a change of status, amendment, or extension of stay, and USCIS finds the individual is ineligible for these requests (e.g., not in a valid non-immigrant status); or
If the H-1B employee departs the U.S. before the petition is adjudicated.

When does the $100,000 fee not apply?
A petitioning employer is not required to pay the $100,000 payment for:

Any H-1B visa issued or H-1B petition filed before 12:01 a.m. EDT on September 21, 2025, even if the decision is issued after that date.
Current and active H-1B visa holders (including those traveling internationally).
H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025 and approved by USCIS - including petitions requesting change of status (e.g., J-1 to H-1B or F-1 OPT/STEM OPT to H-1B), amendments (e.g., material change in job/position), or extensions for H-1B employees inside the U.S.
Additionally, the fee does not apply if after the petition is approved by USCIS the employee departs the U.S. and applies for a new H-1B visa.

Exceptions

USCIS also clarified that exceptions to the $100,000 H-1B payment might be granted in the "extraordinarily rare circumstance" where the Secretary of Homeland Security determined that:

the H-1B worker's employment is in the national interest
no qualified U.S. worker is available for the position
the worker poses no security or welfare risk, and
requiring payment would undermine U.S. interests

Employers seeking an exception were directed to submit a formal request with supporting evidence to H1BExceptions@hq.dhs.gov - OIA does not have additional information on this process at this time.

Next steps with OIA:

Hiring units and departments should continue to work with OIA to determine whether a case is subject to the new fee and what other visa options may be available.
Please reach out to OIA early to ensure sufficient time for review and guidance about next steps and options.
Current H-1B employees should work with their hiring unit/department to discuss and initiate needed extensions or amendments - please note: amendment filings must be filed and approved by USCIS before a job change can occur.
International students and alumni on F-1 or J-1 visas (including OPT, STEM OPT, or Academic Training) should continue to work with current or prospective employers to determine whether their H-1B filing is subject to the fee. On the basis of the updated guidance from USCIS, it would appear that cap-subject H-1B petitions filed on the basis of a change of status would not likely be subject to the fee. For final determinations, please work with your current employer.

OIA will continue to report updates here as they become available. Please reach out to your assigned OIA contact if you have questions.

On Friday, Sept 19, 2025, a presidential proclamation was signed that bans H-1B employees from entering the United States unless their employer has paid a $100,000 fee for the sponsored employee. The proclamation titled Restriction on Entry of Certain Nonimmigrant Workers is effective at 12:01 a.m. Eastern Standard Time (EST) Sunday, September 21, 2025, absent a court order suspending implementation.

In brief, the proclamation outlines the following:

restricts entry into the U.S. of nonimmigrant workers under the H-1B visa category (specialty occupation workers) if a payment of $100,000 does not accompany their employer-sponsored petitions
the restriction only applies to individuals currently outside the U.S. who will seek to enter the U.S. in H-1B status
the Department of State will only approve the H-1B visas for which the filing employer has made the payment of $100,000
the restriction will be in effect for 12-months starting from its effective date, unless extended
other changes include steps to revise prevailing wage levels and adjust policy to favor higher-paid, higher-skilled applications

On September 20, 2025, the White House issued a statement to clarify the impact and scope of the proclamation. Separately, U.S. Citizenship & Immigration Services (USCIS) issued a memo to address the impact of the proclamation. Questions remain, but the statement and memo confirm the proclamation:

only applies to future H-1B petitions
does not affect current H-1B visa holders or the validity of their H-1B visa stamps
individuals who already hold an H-1B visa stamp may continue to use it to enter the U.S. after traveling abroad

Based on this updated guidance, further clarification is needed regarding a number of issues, including:

the issuance of H-1B visa stickers at U.S. embassies and consulates abroad
the applicability of the restrictions on new cap-exempt petitions

If you are a current H-1B visa holder at the University and you have questions, please reach out to your OIA adviser or the attorney supporting your case for information. If you are a current F-1 or J-1 student at the University, an alum on OPT, STEM OPT or Academic Training (AT) with questions, guidance on this issue should come from your current or prospective employer if that employer is in the process of, or currently sponsoring your H-1B.

We continue to follow this issue closely and work with peers, associations and immigration counsel for further clarity on this proclamation. Further guidance from the relevant government agencies may be issued in the coming days and we will update this page as new information is available.

OIA Communication from Saturday, Sept 20, 2025:

As an update to our earlier message on the presidential proclamation titled Restriction on Entry of Certain Nonimmigrant Workers, several government agencies have issued additional information to clarify the application and scope of the proclamation.

U.S. Citizenship & Immigration Services (USCIS) has issued a memo stating that this proclamation applies prospectively to petitions that have not yet been filed. U.S. Customs and Border Protection (CBP) has also provided an update on the CBP X account confirming that the proclamation does not impact the ability of current H-1B visa holders to travel to or from the U.S.

The White House further confirms the following via the Rapid Response 47 X account:

The proclamation does not apply to anyone who has a current visa.
The proclamation only applies to future applicants in the February lottery who are currently outside the U.S. It does not apply to anyone who participated in the 2025 lottery.
The proclamation does not impact the ability of any current visa holder to travel to/from the U.S.

We are no longer advising that employees with current H-1B visas modify their travel plans. Employees traveling back to the U.S. after September 21 should proceed with their travel as planned. Consistent with our recent travel advice, please continue to exercise caution if you are planning to leave the U.S., and consult with your OIA adviser and department in advance of travel. We also continue to recommend that you ensure your documents are in order and you are in touch with your air carrier to ensure smooth transit.

We will provide ongoing updates as they become available, and please feel free to reach out to OIA Executive Director Nick Seamons if you have questions or concerns.

Related Links:

Presidential Proclamation: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
White House Fact Sheet: https://www.whitehouse.gov/fact-sheets/2025/09/fact-sheet-president-donald-j-trump-suspends-the-entry-of-certain-alien-nonimmigrant-workers/
White House FAQs: https://www.whitehouse.gov/articles/2025/09/h-1b-faq/
U.S. Citizenship & Immigration Services (USCIS) FAQ: https://www.uscis.gov/newsroom/alerts/h-1b-faq
U.S. Department of State Announcement: https://travel.state.gov/content/travel/en/News/visas-news/restriction-on-entry-of-certain-nonimmigrant-workers.html