New $100,000 Fee Introduced Under H-1B Visa Proclamation

President Trump issued a proclamation on September 19, 2025, effective September 21, 2025, establishing a $100,000 fee for certain individuals seeking H-1B status, according to KoKo Ye Huang and Timothy Calica of Perkins Coie. Clarifications issued the following day by the White House, the US Citizenship and Immigration Services (USCIS), and the US Customs and Border Protection (CBP) confirmed that the fee applies prospectively to H-1B petitions filed on or after September 21, 2025. The rule does not affect individuals who are already holding an H-1B visa, have an approved petition, or are traveling with valid H-1B status.

Despite these clarifications, significant compliance uncertainties remain. USCIS guidance does not address whether the proclamation applies to future filings by current H-1B visa holders, such as changes of employer, extensions, or amendments. CBP confirmed that current visa holders may continue traveling without restrictions. However, the Department of State has not issued instructions on how the fee will be implemented for visa issuance, and no payment mechanism is currently in place. It is also unclear whether H-4 dependents will be subject to the fee.

The proclamation provides for possible national interest exceptions, though details on qualifying industries or individuals are pending. Employers should also anticipate a forthcoming shift to higher prevailing wage requirements for H-1B petitions. Additionally, new guidance is expected to address potential misuse of B-1 visas by individuals awaiting their H-1B employment start dates.

Employers filing new H-1B petitions after September 21, 2025, face substantial new costs and operational uncertainties. Legal challenges may delay implementation, but organizations should monitor developments closely and consult counsel for case-specific implications.