U.S. Citizenship and Immigration Services (USCIS) has issued guidance clarifying details of President Trump’s September 2025 Presidential Proclamation, which imposes a $100,000 filing fee on certain H-1B nonimmigrant visa petitions. The new rule significantly impacts employers sponsoring foreign professionals, particularly those filing new petitions for workers outside the U.S.
Who Must Pay the Fee
The $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025, if they are:
- For workers outside the United States who do not currently hold a valid H-1B visa.
- Requesting consular notification, port-of-entry notification, or pre-flight inspection.
- Requesting a change of status, amendment, or extension where USCIS determines the worker is ineligible for the requested change or extension (for example, if the worker’s visa status has lapsed).
Who Is Exempt
The fee does not apply to:
- Petitions filed before September 21, 2025.
- Workers who already have a valid H-1B visa.
- Approved changes or extensions of stay for H-1B holders currently in the U.S.
- Even if these workers later travel abroad and return on the same visa, the payment requirement will not apply.
How and When to Pay
- The $100,000 payment must be made before filing the petition.
- Employers must use pay.gov to complete the transaction and include proof of payment (or proof of an exception) when submitting the petition.
- Petitions filed without payment documentation will be denied.
Forework Tip: Update internal immigration compliance checklists immediately to include this new payment step and ensure coordination between HR, legal, and finance teams before submission.
Exception Process (Very Limited)
USCIS may grant an exemption only in extraordinarily rare circumstances, such as when:
- The worker’s presence is in the national interest;
- No qualified U.S. worker is available;
- The worker poses no security or welfare threat; and
- Requiring payment would undermine U.S. interests.
Employers can submit requests and supporting evidence to H1BExceptions@hq.dhs.gov, though approvals are expected to be uncommon.
Legal Challenges Already Underway
Two lawsuits have been filed challenging the legality of the Proclamation. These cases are in early stages, and courts could ultimately pause or overturn the rule. Until then, however, employers must treat the $100,000 requirement as binding and enforceable.
What Employers Should Do Now
- Assess upcoming H-1B filings to determine if the fee applies.
- Budget accordingly for the significant cost impact.
- Coordinate with immigration counsel to evaluate whether any employees might qualify for exceptions.
- Stay tuned for court developments that could affect enforcement.
At Forework, we help employers stay ahead of fast-changing labor and immigration compliance rules—so your workforce planning and payroll systems remain secure, compliant, and future-ready.