Effective September 21, 2025
On September 19, 2025, the President issued a Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, introducing a major change to the H-1B visa program.
Beginning 12:01 a.m. (EDT) on September 21, 2025, certain H-1B petitions must include an additional $100,000 payment as a condition of eligibility.
This measure represents an initial step in a broader reform of the H-1B program and significantly affects how employers file new petitions.
Who Must Pay the $100,000
The $100,000 payment applies to new H-1B petitions filed on or after September 21, 2025 for:
- Beneficiaries outside the United States who do not hold a valid H-1B visa; and
- Petitions requesting consular or port-of-entry notification or pre-flight inspection for an individual inside the U.S.
It may also apply to petitions requesting a change of status, amendment, or extension if USCIS determines the individual is not eligible (for example, if the person is not in valid status or departs before adjudication).
Who Is Not Subject to the Payment
The $100,000 payment does not apply to:
- Previously issued and valid H-1B visas;
- Petitions filed before 12:01 a.m. EDT on September 21, 2025;
- Amendment, change-of-status, or extension petitions for workers inside the United States, when USCIS grants the change or extension;
- H-1B holders who already possess valid visas and travel internationally.
If such a worker later departs and seeks reentry on a valid visa or approved petition, the payment remains not required.
When and How to Pay
- The $100,000 payment must be made before filing the H-1B petition with USCIS.
- Employers must submit proof of scheduled payment via pay.gov
- or provide evidence of an approved exception from the Secretary of Homeland Security at the time of filing.
- Petitions subject to the payment that lack proof of payment or a granted exception will be denied.
Exceptions Granted by DHS
We will continue to provide timely updates as more information becomes available. If you have urgent travel plans or specific concerns, please contact your WR attorney.
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