The following article first appeared in the Insights section of Littler Mendelson’s website. It is reposted here with permission.

On Oct. 20, 2025, the U.S. Citizenship and Immigration Services issued an alert with updated guidance on the applicability of the new $100,000 H-1B fee implemented under a recent presidential proclamation.

As previously discussed, on Sept. 19, 2025, President Trump issued a presidential proclamation titled, Restriction on Entry of Certain Nonimmigrant Workers, marking a significant shift in the administration of the H-1B visa program by implementing a new $100,000 fee on certain H-1B visa holders.

Effective Sept. 21, 2025, certain H-1B petitions must now include a $100,000 fee if they are subject to the proclamation.

Based on the language of the updated guidance, the $100,000 fee applies to:

• New H-1B petitions filed on or after Sept. 21, 2025, for beneficiaries outside the U.S. who do not hold a valid H-1B visa.
• H-1B petitions requesting consular notification, port of entry notification, or pre-flight inspection for beneficiaries currently in the U.S.
• H-1B petitions requesting a change of status, amendment, or extension of stay, where USCIS determines the beneficiary is ineligible for such changes (e.g., not in valid status or departs the United States before adjudication) and subsequently approves the case for consular notification, port of entry notification or pre-flight inspection.

Based on the language of updated guidance, the...

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