On September 19, the President issued a proclamation introducing a new $100,000 fee for certain H-1B petitions, effective September 21, 2025. The information below has been updated based on further guidance issued by USCIS on October 20, 2025.
Background:
On September 19, 2025, the President issued a Presidential Proclamation on the Restriction on Entry of Certain Nonimmigrant Workers. Under this Proclamation, certain H-1B petitions filed on or after September 21, 2025 must now meet new eligibility requirements, including a new $100,000 fee to be paid by sponsoring employers for certain petitions.
Who Is NOT Subject to the Fee:
The new fee does not apply to:
- Change of status, amendment, change of employer (transfer) or extension petitions for employees who are already in the US, which are approved by USCIS;
- Individuals who already hold valid H-1B visas issued before September 21, 2025;
- Any petition filed before 12:01 a.m. EDT on September 21, 2025; or
- Individuals who already have an approved H-1B petition and later travel abroad — they may still apply for a visa or reenter the U.S. on a valid H-1B without being subject to the new fee.
Who Is Subject to the Fee:
The new $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025, if the sponsored worker:
- Is outside the United States and does not have a valid H-1B visa;
- Is the subject of a petition requesting consular processing, port-of-entry notification, or pre-flight inspection, even if they are currently inside the U.S.; or
- Is the subject of a change of status, amendment, or extension that USCIS later finds ineligible (for example, due to a lapse of valid status or travel outside the U.S. before the case is approved).
Will this affect already approved H-1B petitions? – No
No. USCIS has confirmed that the new fee will only apply to petitions filed on or after September 21, 2025. Approved petitions will not be retroactively impacted.
Will this affect H-1B extension or change of employer petitions? – No
H-1B extensions and change of employer (transfer) petitions will not be subject to the new fee. We are continuing to process H-1B extensions as usual.
How will new H-1B petitions, such as consular, change of status, be affected? – See “Who IS subject to the Fee” above
Consular-processing H-1Bs for employees outside the US will be subject to the fee. A change of status petition would generally NOT be subject to the fee, unless USCIS determines that an in-country change of status cannot be granted. See above more more details.
Can a national interest waiver or exception be requested? – Yes
USCIS has issued very limited guidance on how to request a national interest exception, and has stated that these will be granted in “extraordinarily rare circumstances.”
Is there a blanket exception for physicians? – No
Although there have been discussions related to an exception for physicians, there has not yet been any blanket exceptions for specific occupations announced by the federal government. Physicians are currently subject to the fee if the H-1B petition would be subject.
Will this impact premium processing? – No
There has been no indication that the new fee will affect the availability or timelines for premium processing. Petitions eligible for premium processing should remain eligible unless USCIS announces changes.
Does this affect cap-exempt H-1B petitions? – Yes
This fee applies to both cap-subject and cap-exempt H-1B petitions. Our institution is cap-exempt, meaning we are not subject to the annual cap in H-1B issuance. However, our petitions may still be subject to this fee if they include a consular-processing request or if USCIS determine that an in-country approval cannot be issued.
How does this affect travel for current H-1B employees? – Travel generally not impacted, with exceptions
This new fee should not impact travel for current H-1B employees. However, international travel could trigger this fee to be applicable to someone who is trying to change to H-1B status if the trip is not timed correctly with the H-1B petition submission and approval.
UAMS Immigration Services strongly advises avoiding international travel at this time for all international employees. If an employee is in the process of changing to H-1B status within the U.S., they should coordinate that travel and the petition submission with our team.
What should employees and departments do in the meantime?
At this time, international employees should follow this guidance:
- Avoid international travel, if possible.
- Coordinate with our office if you do have to travel, especially if you have an H-1B petition in process or pending.
Hiring departments should do the following:
- When reviewing international candidates for positions, consider the possible impact of this fee if a new H-1B employee is currently outside the U.S.
- Consult with our team to consider alternative immigration strategies.
- Contact our team to schedule a candidate consultation, if needed.