Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.
Q: Are H-1B workers who are already in the United States affected?
A: No. Individuals who currently hold H-1B status inside the U.S. are not covered by the proclamation. They may remain in their positions and continue to travel internationally without being charged the new fee. The $100,000 requirement only applies to “new” petitions filed on or after September 21, 2025.
Q: Does the $100,000 fee apply to petitions submitted before September 21, 2025?
A: No. Any petition filed before the effective date is not subject to the new fee. This protection extends to winners of the 2025 lottery as well as any other petition filed prior to September 21.
Q: Do H-1b extensions or renewals fall under the new rule?
A: No. Petitions to extend employment with the same employer are not subject to the fee. What remains unresolved is whether amendments or cases involving a new employer will be treated as “new” filings or as continuation .
Q: How will amendments and change-of-employer cases filed after September 21 be treated?
A: At this time, USCIS has not specified whether these types of filings will be subject to the fee. Until more direction is provided, employers should proceed carefully and seek legal advice before filing or planning international travel.
Q: Is this meant to be an annual fee?
A: No. The proclamation establishes a single $100,000 payment per new petition, not a recurring annual charge.
Q: May an H-1B visa holder travel internationally?
A: Yes, as long as they have a valid visa in their passport, they may leave and re-enter the US with that valid visa.
Q: May the beneficiary of an approved H-1B petition obtain a visa without triggering the fee?
A: Yes, provided the underlying petition was filed before September 21. The obligation to pay is tied to the petition’s filing date, not the date a visa is issued at a consulate.
Q: How will USCIS treat those applying for visa stamps who are the beneficiaries of amendments or change-of-employer petitions filed after September 21, 2025?
A: At this point, it is not clear. The key issue is whether these types of filings will be categorized as “new” petitions—making them subject to the $100,000 fee—or as “renewals,” which would be exempt. USCIS has not yet provided clarification, so the fee requirement for these cases remains uncertain.
Q: Who must pay the $100,000 cost?
A: The fee is the responsibility of the employer or petitioner. It is not yet clear whether any portion of the cost can legally be passed to the employee.
Q: How, where and when will the payment be submitted?
A: The proclamation requires the fee to accompany new petitions, but no procedure has yet been published for how employers will make the payment. Both USCIS and the Department of State are expected to require proof of payment, but details are pending.
Q: Will exemptions be available?
A: Yes. The proclamation authorizes the Department of Homeland Security to grant national interest exemptions for individuals, companies, or industries. However, the standards and process for requesting an exemption have not yet been issued.
Q: What does this mean for the 2026 H-1B lottery?
A: The $100,000 fee will apply to all new lottery petitions filed in 2026 (for USCIS Fiscal Year 2027), unless the petition qualifies for a national interest exemption.
Q: How long will this rule be in place?
A: The proclamation took effect on September 21, 2025, and is scheduled to last for one year. It may be extended if the Administration determines that doing so serves the national interest.