On September 21, 2025, USCIS issued a policy memorandum clarifying the scope of the recent Presidential Proclamation requiring a $100,000 payment for certain H-1B petitions.
This blog serves as a living FAQ and will be updated as new clarifications emerge from DHS, the Department of State, or related litigation.
Key USCIS Clarifications
- Prospective Only: The $100,000 fee applies only to petitions filed on or after September 21, 2025.
- Not Retroactive: Petitions filed before September 21 are not subject to the new fee.
- Current H-1B Holders: Individuals already holding valid H-1B visas are not impacted by this payment requirement.
- Travel Permitted: Current H-1B holders may continue international travel and reenter the U.S. without paying the new fee.
- New Petitions Abroad: The requirement remains in place for new petitions filed for workers outside the U.S.
Open Questions Still Pending
While USCIS has issued initial guidance, several aspects of the Proclamation remain unclear and are expected to be addressed in future rulemaking or litigation. Key open questions include:
- Definition of “new petitions” – Will this apply to changes of employer, changes of status, or H-1B amendments filed in the U.S.?
- H-1B1 and similar classifications – Will parallel categories such as H-1B1 (Chile/Singapore) or E-3 (Australia) be impacted?
- Dependent visas – Will H-4 dependents face any restrictions or fee-related issues tied to the principal H-1B petition?
- Payment mechanics – How will the $100,000 fee be processed and documented? What form of proof will be required at consulates and ports of entry?
- Litigation – Will lawsuits challenge the legality of this fee requirement, and if so, how might that impact enforcement?
NPZ will continue monitoring developments and update this FAQ as new information becomes available.
What This Means for Employers & Employees
- Reassurance: Existing H-1B employees and previously filed petitions are unaffected.
- Planning Ahead: Employers filing new petitions for workers outside the U.S. must be prepared to pay the $100,000 fee.
- Next Steps: Monitor further DHS/State rulemaking on wage levels and priority for higher-paid workers.
Contact NPZ Law Group
NPZ attorneys are available to guide employers and workers through compliance with the new rules and help assess petition strategies moving forward.
Read the full FAQ here: H-1B Proclamation FAQ: USCIS Clarifies $100,000 Fee
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.