Following widespread concern after President Trump’s September 19, 2025, Proclamation “Restriction on Entry of Certain Alien Nonimmigrant Workers,” USCIS has issued guidance clarifying how the new $100,000 supplemental fee for H-1B petitions will be applied. The clarification eases uncertainty for many employers and workers.
Key Clarifications
1. Not an Annual Fee: One-Time Only
The $100,000 charge is a one-time supplemental payment that must accompany certain new H-1B petitions. It is not a recurring annual fee.
2. Applies Only to New Petitions Filed After September 21, 2025
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The Proclamation applies prospectively only.
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Any petition filed before 12:01 a.m. ET on September 21, 2025 is not subject to the fee.
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Existing approved petitions remain valid without extra payment.
3. Current H-1B Holders Are Exempt
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Individuals who already hold valid H-1B visas are not required to pay the fee to re-enter the U.S. after travel.
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Day-to-day work authorization for current H-1B holders is unaffected.
4. No Impact on Renewals or Extensions
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The proclamation applies only to new visas, not renewals or extensions of existing H-1B status.
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H-1B holders seeking to extend their stay can continue the process without paying the supplemental fee.
What This Means
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Employers: Only new H-1B petitions filed for workers outside the U.S. after September 21, 2025, trigger the $100,000 requirement. Renewals, extensions, and petitions already in the system are safe.
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Current Workers: H-1B visa holders can travel and re-enter the U.S. as before. The proclamation does not impose new re-entry restrictions.
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Future Applicants: The rule will first apply in the next H-1B lottery cycle, raising costs for employers sponsoring overseas talent.
Final Takeaway
The September 2025 Proclamation raised alarm among employers and H-1B holders, but USCIS has clarified that:
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It applies only to new petitions filed after September 21, 2025.
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It does not impact existing H-1B holders, renewals, or re-entry.
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It is a one-time petition fee, not an annual recurring cost.
Employers and employees should still prepare for higher costs in upcoming filings and watch for additional guidance on exemptions and prevailing wage increases.
Citations
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REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
