H-1B Program Alert: New $100,000 Payment Requirement Under Presidential Proclamation

Oct 20, 2025 | Human Resources Services

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, 2025certain 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.

Subscribe to the WR Immigration Newsletters

Start the RFP Process

Join the Corporate Benchmarking Roundtable

Request an Attorney Consultation

Related Posts:

New $1,000 Parole Fee Announced; AOS Advance Parole Exempt

Effective October 16, 2025, the Department of Homeland Security (DHS) will begin imposing a $1,000 fee for individuals granted parole under INA §212(d)(5)(A). This new fee applies to most parole grants, including parole-in-place, re-parole, and humanitarian parole, but does not apply to employees re-entering the U.S. on Advance Parole tied...

Work Authorization Verification ‘Flexibilities’ for Remote Workers in the Time of Covid: A Boon or a Headache for Industry?

The Biden administration has allowed in-person physical inspection requirements related to the Form I-9 Employment Eligibility Verification process to be postponed during the Covid-19 pandemic. This has been a great convenience for employers in the short term but could pose logistical problems down the line as more and more people...