H-1B Visa Update: New $100K Payment & Proclamation FAQ

1. What the Proclamation does
2. Effective dates and duration
3. Who is covered (and who is not)
4. The $100,000 payment
5. Impact on FY2026 lottery and new filings
6. Extensions, amendments, portability, cap-exempt
7. Travel and visa validity for current H-1B holders
8. H-4 dependents
9. Proof of payment and consular/CBP verification
10. Refundability of the payment
11. Statutory caps, validity periods, and portability
12. Forthcoming DOL prevailing wage rulemaking
13. Potential DHS lottery prioritization
14. National-interest exceptions
15. In-country change of status (no travel)
16. Immediate employer action items
17. Other visa categories (L-1, E-2, O-1, TN, etc.)
18. Denial of visa issuance/entry without payment

Frequently Asked Questions

1) What does the Proclamation actually do?

The Proclamation restricts the entry to the United States of H-1B nonimmigrants unless their USCIS petition is accompanied or supplemented by a $100,000 payment. It also directs the Department of Labor (DOL) to begin rulemaking on prevailing wage levels and directs the Department of Homeland Security (DHS) to begin rulemaking to prioritize higher-paid, higher-skilled H-1B cases.

2) When does it take effect and for how long?

The Proclamation is effective at 12:01 a.m. EDT on September 21, 2025, and, absent extension, remains in force for 12 months.

3) Does it apply to all H-1B cases?

State Department guidance indicates the restrictions on visa issuance and entry apply to beneficiaries whose H-1B petitions are filed with USCIS on or after the effective date. State notes no visas have been revoked under the Proclamation.

4) What is the $100,000 payment, and who pays it?

Per the Proclamation, employers must make a one-time $100,000 payment that accompanies or supplements a new H-1B petition. USCIS frames this as a filing requirement for new petitions, separate from standard filing fees.

5) Does the $100,000 payment apply to the FY2026 H-1B lottery and other new filings?

Yes. USCIS indicates the requirement applies to any new H-1B petitions submitted after 12:01 a.m. EDT on September 21, 2025, including the FY2026 cap and other new filings after that time.

6) Are extensions, amendments, changes of employer (portability), or cap-exempt petitions subject to the $100,000?

USCIS describes the $100,000 as a one-time payment for new petitions. While the FAQ does not exhaustively categorize amendments, portability, or cap-exempt filings, the agency’s “new petition” framing suggests extensions are not subject to this new payment. Continue to monitor USCIS for clarifications.

7) Does this Proclamation prevent current H-1B workers from traveling?

USCIS notes the Proclamation does not prevent current H-1B visa holders from traveling. DOS also notes no revocations. That said, coordinate travel with counsel until the consular and CBP procedures are fully aligned.

8) Do H-4 dependents need a $100,000 payment?

The Proclamation and agency summaries target the H-1B principal. There is no indication that H-4 dependents require the $100,000 payment.

9) What documentation will be required to prove the $100,000 payment?

The Proclamation instructs DHS and State to coordinate implementation and verification. Expect proof-of-payment to be required at USCIS filing and possibly at consular processing/entry. Retain robust payment records.

10) Is the $100,000 payment refundable if a petition is denied or withdrawn?

Neither the Proclamation nor the current agency FAQs specifies refundability. Employers should budget assuming non-refundability until USCIS publishes the mechanics.

11) Does the Proclamation change H-1B caps, validity periods, or portability rules?

No. The Proclamation does not alter statutory caps, admission periods, or portability. It imposes the new payment for new petitions and signals future rulemakings.

12) How will the DOL prevailing wage directive affect us?

Section 4(a) directs DOL to initiate rulemaking to revise prevailing wage levels. This is not self-executing; watch for a proposed rule, comments, and a final rule. Plan for potentially higher offered wages in future filings.

13) How will the DHS H-1B “prioritization” directive affect the cap lottery?

Section 4(b) directs DHS to propose changes to prioritize higher-paid, higher-skilled H-1B cases (e.g., wage-based selection). It will require notice-and-comment rulemaking before taking effect.

14) Are there exceptions to the $100,000 requirement?

The Proclamation allows DHS to exempt individuals, companies, or industries when it is in the national interest and poses no risk to U.S. security/welfare. Procedures are not yet published.

15) Does this apply to people already inside the U.S., changing status to H-1B without travel?

The Proclamation is an entry restriction and is triggered at visa issuance/entry for covered petitions filed on/after the effective date. USCIS frames the $100,000 as a new-petition filing requirement; monitor for form/receipt updates and keep proof of payment even for in-country changes of status.

16) What should employers do right now?

• Budget for the $100,000 payment on new H-1B petitions filed on/after Sept. 21, 2025.
• Document & retain proof of payment; anticipate consular/CBP verification.
• Audit wages in anticipation of DOL rulemaking.
• Coordinate travel for beneficiaries whose petitions are filed after the effective date.
• Watch for national-interest exception criteria and DHS/DOS procedures.

17) Does this affect other visa classifications (L-1, E-2, O-1, TN, etc.)?

No. This action is targeted at H-1B entry. Other categories are not covered by this Proclamation.

18) Will consulates or CBP deny entry if the payment isn’t verified?

The Proclamation instructs DOS and DHS to deny visa issuance/entry when the $100,000 payment has not been made for a covered petition. Expect verification steps during the visa processing and admission process.

Schedule a Consultation with an Immigration Lawyer

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