NPZ Law Group Responds to Presidential Proclamation Requiring $100,000 H-1B Petition Fee

September 20, 2025 – Ridgewood, NJ

The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a leading U.S. and Canadian immigration law firm, is advising employers and foreign nationals following the Presidential Proclamation signed by President Donald J. Trump on September 19, 2025.

The Proclamation introduces a mandatory $100,000 payment for certain H-1B petitions, marking one of the most significant cost changes in the history of the H-1B visa program.

NPZ Key Takeaways from the Proclamation

  • New Cost Barrier: Starting September 21, 2025, petitions filed for H-1B workers outside the United States must include a $100,000 payment.
  • Temporary in Scope: The requirement will last 12 months, unless the Administration extends it.
  • Exemptions Possible: DHS may grant exceptions when hiring is deemed in the national interest.
  • Current U.S. H-1B Workers Unaffected: Employees already in the U.S. can continue working, extending, or amending petitions without paying the new fee.
  • Policy Shifts Ahead: Federal agencies have been instructed to raise prevailing wage levels and prioritize high-skilled, higher-paid applicants in future filings.

Implications for Employers & Workers

This Proclamation does not abolish the H-1B program, but it places new and unprecedented financial and compliance obligations on employers.

  • Businesses may face significant new costs when petitioning for workers who are abroad.
  • H-1B employees already in the U.S. should carefully reconsider international travel, as leaving may trigger the new payment requirement upon reentry.
  • Employers in critical industries should assess whether their roles may qualify for national interest exemptions.

Policy Context

The White House emphasizes economic and national security concerns in support of this action:

  • The proportion of H-1B workers in IT roles has grown to over 65%, up from 32% in 2003.
  • Recent U.S. computer science graduates face unemployment at 6.1%, and computer engineering at 7.5%, more than double other majors.
  • Large companies have faced criticism for laying off U.S. workers while securing large numbers of H-1B approvals.

NPZ Law Group’s Perspective

“This Proclamation introduces unprecedented costs and uncertainties for employers,” said David Nachman, Esq., Managing Attorney at NPZ Law Group. “While the H-1B program remains intact, businesses must act quickly to understand the requirements, evaluate possible exemptions, and adapt their strategies to avoid disruption.”

Next Steps for Employers

NPZ Law Group recommends employers:

  • Plan conservatively for H-1B cases involving workers outside the U.S.
  • Limit unnecessary travel for H-1B employees currently inside the U.S.
  • Budget for higher costs in their immigration planning.
  • Review options for national interest exemptions where applicable.
  • Monitor agency rulemaking on wages and worker prioritization.

Contact NPZ Law Group

For tailored advice on how this Proclamation impacts your business or employees, please contact:

NPZ Law Group – Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.
info@visaserve.com | 201-670-0006
www.visaserve.com

For more details, see the official Proclamation and accompanying Fact Sheet at The White House: White House Presidential Actions & Fact Sheets The White House