US Presidential Proclamation Announcing New $100,000 H-1B Visa Fee

On September 19, President Trump issued a presidential proclamation that bans an H-1B specialty occupation employee from entering the United States unless their employer has paid a $100,000 fee for the sponsored employee, effective on Sunday, September 21. On September 20, the White House and federal agencies issued guidance in an effort to clarify the scope of the proclamation’s restrictions. However, many open questions remain, and further official guidance regarding these open questions is still awaited.

What does the new Presidential Proclamation do? 

By its terms, the presidential proclamation bans an H-1B specialty occupation employee from entering the United States unless their employer has paid a $100,000 fee for the sponsored employee. The proclamation took effect on Sunday, September 21 and will remain in effect for one year, unless extended. The proclamation permits discretionary exceptions for individuals, companies, and industries where the Department of Homeland Security deems the H-1B employment to be in the national interest.

How will the proclamation be implemented by federal agencies?

The text of the proclamation is broad and does not make distinctions between categories of potential H-1B petitions and individuals, but the White House and various federal agencies have issued subsequent guidance to try to clarify its scope. The most comprehensive guidance comes from US Citizenship and Immigration Services (USCIS), which posted an internal guidance memo and Frequently Asked Questions on its website on September, 21. According to the USCIS guidance, the proclamation:

• Does not apply to the holder of any previously issued H-1B visa (if visa is required);

• Does not apply to any H-1B petitions submitted to USCIS prior to 12:01 a.m. eastern daylight time on September 21; and

• Does not require that the $100,000 fee be submitted in connection with any “H-1B renewals.” As discussed below, it is not yet clear what will be considered a renewal for purposes of the fee, so while it is clear that H-1B extensions of stay with the same employer are not subject, there are open questions with respect to other types of H-1B filings.

How does the proclamation affect H-1B extensions, changes of employer and changes of status? What is the impact if a foreign national in another nonimmigrant status departs the United States to obtain an H-1B visa? 

As addressed above, USCIS has clarified that H-1B extensions of stay are not subject to the new restrictions. However, several critical questions remain unresolved, and clarification and guidance from the federal government are still pending on the following issues:

• Whether an H-1B change of employer or H-1B amendment filed on or after September 21 is considered a “new” petition and therefore, subject to the $100,000 fee;

• Whether those inside the United States in a non-H-1B nonimmigrant status will become subject to the proclamation if they are sponsored for an H-1B petition on or after September 21 through a change of status request; and

• Whether those inside the United States in a non-H-1B nonimmigrant status will trigger the proclamation restrictions if an H-1B petition is filed for them on or after September 21 and they subsequently depart from the United States to obtain an H-1B visa.

It is important to note that there is currently no mechanism for federal agencies to collect a $100,000 fee from employers filing an H-1B petition. As of September 24, H-1B change of employer petitions filed after September 21 are being receipted by USCIS without issue, but clarification is still needed on whether the fee will be applied by the government before adjudication of the petition, or before a visa can be issued by a US consulate.
These developments may impact Irish nationals and Irish based employees planning H-1B employment in the US. Further guidance from US federal agencies is expected and employers are encouraged to consult with immigration professionals on this evolving policy change.
 
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This information is current as of September 30, 2025.