Following the issuance of President Trump’s Presidential Proclamation on September 19, 2025, imposing a $100,000 fee on H-1B visa workers seeking entry to the United States, three key federal agencies have released clarifying guidance to address widespread questions from employers, beneficiaries, and immigration practitioners. The U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP) found at: Twitter/X and Memo, and U.S. Department of State (DOS) have provided targeted clarifications regarding the proclamation’s scope and application, effective September 21, 2025.

The agency guidance establishes clear distinctions between affected and unaffected H-1B workers based on their current location and petition filing dates.

H-1B Workers Outside the United States

The $100,000 fee applies to individuals seeking initial admission or readmission to the U.S. in H-1B status based on petitions filed with USCIS at or after 12:01 a.m. EDT on September 21, 2025. This encompasses:

• Workers applying for new H-1B visas at U.S. consulates or embassies based on approved petitions filed on or after the effective date

H-1B Workers Currently in the United States

Individuals presently in the U.S. with valid H-1B status remain unaffected by the fee or entry restrictions. These workers may continue to extend their stay, amend existing petitions, and maintain their current status without triggering the new requirements.

Petition Filing Date Determinative

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