On September 19, 2025, President Trump signed a Presidential Proclamation requiring a $100,000 payment for certain H-1B petitions. On September 21, 2025, USCIS issued official guidance and an FAQ confirming how this new policy will be applied.
To help employers and visa holders, NPZ Law Group has prepared this FAQ with the most important points you need to know.
Does this new rule end the H-1B program?
No. The H-1B program continues. The Proclamation adds a new $100,000 fee on certain petitions but does not eliminate the program.
Who has to pay the $100,000 fee?
The payment applies to new H-1B petitions submitted after 12:01 a.m. EDT on September 21, 2025. This includes the 2026 H-1B lottery and any other new petitions filed from that date forward.
Does this affect petitions already filed or approved?
No. USCIS has confirmed that the new fee does not apply to petitions submitted before September 21, 2025, nor to previously approved petitions.
Will renewals, amendments, or extensions require the $100,000 fee?
No. The fee is a one-time charge for new petitions only. H-1B renewals and extensions are not subject to this payment.
Can current H-1B visa holders travel internationally?
Yes. Current H-1B holders with valid visas may continue to travel in and out of the United States without paying the new fee.
Does the $100,000 fee apply per petition or per worker?
The fee is tied to each H-1B petition filed. Employers should expect to pay $100,000 for each new petition submitted.
What happens if an employer does not pay the fee?
USCIS and the Department of State will deny petitions or entry for H-1B workers if the required payment is not made. Employers must also retain proof of payment for compliance and audit purposes.
Is there any exception to the fee requirement?
Yes. The Secretary of Homeland Security may grant exceptions on a case-by-case basis if employing certain H-1B workers is deemed in the national interest and does not threaten U.S. security or welfare.
Does the $100,000 H-1B fee apply to nurses?
Registered Nurses are classified under Schedule A, Group I as a shortage occupation. Because of this designation, employers filing H-1B petitions for nurses may be able to request a National Interest Exception (NIE) under the Proclamation.
In practice, this means:
- Current H-1B nurses are not impacted by the new fee.
- New petitions for nurses abroad may qualify for an NIE, as the U.S. faces a well-documented nursing shortage projected to reach 700,000 by 2030.
- Employers should be prepared to document the shortage and present strong national interest arguments when filing petitions for nurses.
NPZ attorneys regularly represent healthcare organizations and are prepared to assist with NIE-based filings, ensuring compliance while helping address critical nursing shortages in the U.S.
What changes are expected in the future?
The Proclamation directs:
- The Department of Labor to revise prevailing wage levels.
- The Department of Homeland Security to prioritize higher-skilled, higher-paid H-1B workers in future adjudications.
Further regulatory changes may follow.
NPZ Law Group’s Guidance
Employers and workers should:
- Confirm filing timelines to determine if the new fee applies.
- Plan strategically for increased costs in future filings.
- Monitor official updates from DHS and the State Department.
NPZ attorneys are closely tracking developments and can help you navigate compliance and workforce planning under the new rules.
Contact Information
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.