H-1B Proclamation: What’s Affected, What’s Not, & Next Steps

What’s Happened

• The Proclamation on whitehouse.gov
• A White House Fact Sheet on the Proclamation

What’s New (Recent Agency Guidance)

• September 21, 2025 USCIS FAQ
• September 21, 2025 DOS FAQ
• September 21, 2025 DOS news announcement
• September 20, 2025 USCIS memorandum
• September 20, 2025 CBP memo

Key Points

Source: Klasko Immigration Law Partners, LLP | September 21, 2025

• The reported $100,000 fee applies only to new H-1B petitions filed on/after Sept 21, 2025 (ET).
• It does not apply to petitions filed before that time, already-approved petitions, or individuals who already hold valid H-1B visas.
• Inside the U.S. (Change of Status): We are awaiting our outside counsel’s legal opinion on how the fee applies to COS cases filed from within the U.S. The initial review suggests that because the fee is tied to entry, COS cases filed from within the U.S. should not be impacted.
• Travel/re-entry: Does not prevent any holder of a current H-1B visa holder from traveling in and out of the United States.
• F-1 / J-1: This proclamation does not address F-1 or J-1 status.

Common Questions

Q1. Will travel trigger the $100,000 fee if my petition was filed before 09/21/2025 and is expected to be approved soon, and I have never had an H-1B visa?
A: No. Once approved, you will need to apply for a new H-1B visa in your home country before returning, but the $100,000 fee does not apply.

Q2. Will travel trigger the $100,000 fee if my petition was approved before 09/21/2025 and I have a valid H-1B visa?
A: No. You may travel and reenter the U.S. without being subject to the $100,000 fee.

Q3. Will travel trigger the $100,000 fee if my petition was approved before 09/21/2025, but my H-1B visa has expired?
A: No. You will need to obtain a new H-1B visa at your home country before reentry, but the $100,000 fee does not apply.

Q4. Will travel trigger the $100,000 fee if my Change of Status (COS) petition is filed and approved in the U.S. after 09/21/2025?
A: Possibly. You may be subject to the $100,000 fee when you apply for an H-1B visa abroad and seek reentry to the U.S.

Q5. Will travel trigger the $100,000 fee if my amendment, extension, or change of employer petition is filed and approved in and outside the US after 09/21/2025?
A: Unclear. Current government guidance has not confirmed whether these scenarios will trigger the fee.

Q6. Will travel trigger the $100,000 fee if my new H1B Employment petition is filed and approved outside the US?
A.: Yes, You will be subject to the $100000 fee when you apply for an H1B visa and seek entry into the US. No details have been released as to how to pay this supplement fees.

Q7. Is ISSS continuing H-1B filings?
A: Yes. We continue to file all H-1B petitions. Initial petitions for beneficiaries overseas requiring a consular interview may be subject to the $100,000 fee and will require additional departmental review.

Q8. Who pays the $100,000 fee?
A: Current understanding is that the employer, not the employee, would be responsible. However, both the payment process and responsibility remain unclear.

Payment Process

At this stage, it is not clear how the $100,000 fee will be collected or processed. Neither USCIS nor the State Department has released procedural instructions. We will provide updates as soon as this information is availab

Next Steps for Foreign Nationals

• If you are currently in the U.S. on H-1B, you may continue working and may extend your status as usual.
• If you are considering travel, please speak with your ISSS advisor for a case-by-case review.
• If you are preparing a new H-1B filing, coordinate with your department and ISSS.

We know this is unsettling news for many. ISSS will continue to monitor developments closely and share confirmed updates as they become available. If you have questions about your situation, please contact your ISSS advisor so we can provide individualized guidance.