Breaking Update: Trump Proclamation Imposes $100,000 H-1B Fee
- Nisha Karnani
- Sep 25
- 5 min read
Updated: Oct 30
10/20/25 Update
USCIS updated its website on October 20, 2025, regarding the $100,000 H-1B visa fee proclamation. For more information, visit our blog H-1B $100K Fee Update
If you have any questions about how you or your employee may be affected by the $100,00 fee, contact Antonini & Cohen today to schedule your consultation. At Antonini & Cohen, we know how. We fight harder.
For more information - https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
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On September 19, 2025, the Trump Administration issued a proclamation requiring a $100,000 fee for certain H-1B petitions and visa approvals. While USCIS, the U.S. Department of State (DOS), and Customs and Border Protection (CBP) have issued some guidance, many questions remain unanswered.
Key Points:
Applies to new H-1B petitions filed on or after September 21, 2025.
Does not apply to H-1B renewals filed inside the US.
H-1B visa holders abroad with visas issued on or before September 20, 2025, may reenter the US if returning to the same employer.
Guidance remains unclear, and international travel is strongly discouraged until further instructions are issued with limited exceptions.
📞 If you or your business have questions about H-1B, contact Antonini & Cohen Immigration Law Group today at (470) 428-3200 to schedule a consultation.
At Antonini & Cohen, we know how. We fight harder.
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On September 19, 2025, the Trump Administration issued a proclamation restricting entry to the US and requiring payment of a $100,000 fee for certain H-1B petitions. USCIS, DOS, and CBP clarified that the proclamation only applies to new petitions filed September 21, 2025, or later.
Attorney Nisha Karnani, partner at Antonini & Cohen Immigration Law Group, explains how the new proclamation may impact you and your employees.
Questions about H-1B? Contact Antonini & Cohen today for a consultation with one of our experienced business immigration attorneys.
At Antonini & Cohen, we know how. We fight harder.
Who Must Pay the Fee
The proclamation establishes a one-time $100,000 fee. It is unclear whether the employer or employee will be responsible for this new fee, how payment will be collected, or which government agency will administer the process. The proclamation also mentions a possible national interest waiver, but there is no issued guidance on how to apply.
Who Is Exempt
H-1B renewals filed inside the US. It is unclear if H-1B visa renewals at the consulates abroad are exempt.
H-1B extensions for workers already in the US with petitions filed or visas issued before September 21, 2025.
H-1B visa holders outside the US with visas issued before September 21, 2025.
It remains uncertain whether H-1B changes of employer, amendments, or changes of status applications are exempt, although they may be.
Impact on Travel
Because the proclamation restricts entry and adjudication for petitions filed after September 21, 2025, H-1B holders should avoid international travel until further guidance is issued. H-1B workers with H-1B visas issued prior to September 21, 2025, may travel abroad and reenter if they remain with the same employer. But, those seeking visa renewals at consulates may face complications.
Impact on the H-1B Lottery
The upcoming H-1B lottery process will differ significantly from past years. Several changes have been proposed, and more details are expected to be available in the coming months. If the proclamation survives legal challenges and the rulemaking process, the $100,000 fee may apply to lottery applicants or their employers, unless they obtain a national interest waiver.
What Employers and Workers Should Do Now
Avoid traveling abroad if you need an H-1B renewal.
Lottery beneficiaries with visas issued by September 20, 2025, should return to the US promptly.
Employers and employees may want to temporarily delay filing H-1B transfers or new job petitions until further clarification is available, except where urgent (e.g., within a 60-day grace period).
Consult with an Antonini & Cohen business immigration attorney for further guidance and strategy.
How to Stay Updated
Employers and employees can monitor updates directly from USCIS and other related agencies, as well as by following our Business Immigration Bulletin.
Get the Trusted Guidance You Deserve
As business immigration policies change, having experienced legal guidance becomes increasingly important.
If you have questions about how the H-1B $100,000 fee proclamation affects you or your employees, contact Antonini & Cohen today at (470) 428-3200 to schedule a consultation. Our business immigration attorneys will answer your questions and help you determine your best options.
At Antonini & Cohen, we know how. We fight harder.
📚 Video Transcript
Hi, my name is Nisha Karnani. I’m a partner and owner at Antonini & Cohen Immigration Law Group.
On Friday September 19, the Trump Administration issued a proclamation restricting entry to the US, as well as H-1B decisions for those outside the US, without payment of a $100,000 fee. Then, the three agencies that H-1B employers and employees must coordinate with – U.S. Department of State, USCIS and CBP – added that the proclamation only applies to H-1B petitions filed September 21, 2025, or later.
HERE'S WHAT WE KNOW. This does not appear to apply to H-1B renewals filed inside the US. This does not appear to apply to someone outside the US who’s applied for an H-1B visa, and it was issued before September 20, 2025, or earlier, as long as they’re coming back to join that same employer
HERE'S WHAT WE DON'T KNOW. We don't have explicit confirmation that an H-1B change of employer, change of status, or amended petition filed after September 20, 2025, or later is exempt, although it appears they may be.
HERE'S WHAT WE SUGGEST WITH THE INFORMATION WE DO HAVE NOW. Since some of the guidance is unclear and possibly contradictory, a wait and see method is best. Travel outside of the US for those who need H-1B renewals will be impacted, so we are advising the H-1B workers to pause their international travel until we have more guidance about this implementation of this rule.
This summer's H-1B lottery beneficiaries should return to the US as soon as possible if they were able to receive their H-1B visa September 20, 2025, or earlier. Also, employers and employees should consider temporarily pausing filing H-1B transfers for new jobs until we have more explicit confirmation, unless the H-1B employees are in their 60-day grace period.
If you need any information about this H-1B proclamation or any other immigration issue. Call us at Antonini & Cohen Immigration. We know how, and we fight harder.
📌 Resources
Nisha Karnani is a Partner at Antonini & Cohen Immigration Law Group, where she leads the firm’s business immigration team. She advises employers of all sizes – from startups to multinational corporations – on navigating complex H-1B, L-1, TN, and PERM processes. Known for her strategic solutions and hands-on guidance, Nisha helps business leaders secure the talent they need while ensuring compliance with fast-changing immigration policies.
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