Oct 20 Uscis Issues Formal Guidance On Trump S 100k H 1b Fee

Bonisiwe Shabane

-Oct 31, 2025, 6:34 AM

oct 20 uscis issues formal guidance on trump s 100k h 1b fee

USCIS has now released formal guidance implementing President Trump’s Restriction on Entry of Certain Nonimmigrant Workers Proclamation. The rule, first announced on September 19, 2025, officially took effect at 12:01 a.m. ET on September 21, introducing a new $100,000 payment requirement for certain H-1B filings. This update finally provides clarity for thousands of employers and visa holders navigating the uncertainty of the past month. USCIS’s October 20 implementation guidance provides concrete answers about how the $100,000 H-1B payment will be applied. Travel is still permitted for anyone with a valid H-1B visa or approved petition.

The Proclamation does not restrict travel itself. Manifest’s guidance: Delay non-essential travel until your H-1B petition is approved, and coordinate travel plans with your legal or HR team before departure. On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance further clarifying which H-1B petitions are subject to the $100,000 fee imposed by President Trump’s September 19, 2025 Proclamation. The guidance states that the fee applies to new H-1B petitions filed at or after 12:01 a.m. EDT, September 21, 2025, for beneficiaries outside of the United States without a valid H-1B visa.

Conversely, the fee does not apply to previously issued and currently valid H-1B visas, and new petitions that are approved for an extension of stay, amendment, or change of status. Consular notification H-1B petitions filed after the effective date of the Proclamation will be subject to the new $100,000 fee, regardless of whether the beneficiary was in the U.S. at the time of the H-1B petition filing. The guidance also reaffirms the Department of Homeland Security (DHS) Secretary’s authority to waive the fee in extraordinarily rare cases. USCIS’s guidance provides immigration practitioners the most comprehensive explanation of which H-1B beneficiaries are subject to the $100,000 fee. The fee applies to foreign nationals, applying outside of the United States, who do not have a valid H-1B visa before September 21, 2025.

“[t]The Proclamation also applies if an H-1B petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.” Further, the guidance makes it clear that the $100,000 fee... The Proclamation also does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States. Importantly, the guidance clarifies that “[t]he Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change,... The DHS Secretary in extraordinarily rare circumstances may determine: “That a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available...

Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov.” Finally, the guidance instructs petitioners required to pay the... A payment must be made prior to filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment... In light of the Proclamation guidance employers should consider: Litigation challenging the Trump administration’s authority to impose the $100,000 fee has already commenced, arguing that the fee will negatively impact U.S. industries such as tech, healthcare, manufacturing, and higher education. It is imperative to examine how this litigation develops and if it will have any impact on the implementation of the proclamation.

Dorsey’s immigration team is actively monitoring these evolving developments and is available to work with corporate clients to strategize cost effective immigration solutions. On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers. Further steps that will be taken to reform the H-1B program, as contemplated in the Proclamation, include: Additional reforms are also under consideration and will be announced in the coming months.

For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn. USCIS has released guidance on President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” introducing a new $100,000 fee requirement for certain H-1B nonimmigrant visa petitions. USCIS on Oct. 20, 2025, issued guidance clarifying which petitions are subject to the Proclamation’s new requirements, how and when the $100,000 payment must be made, and the limited circumstances under which exceptions may be granted. According to USCIS, the Proclamation applies to new H-1B petitions filed on or after 12:01 a.m.

(ET) on Sept. 21, 2025, if they are filed: USCIS explains that the Proclamation does not apply to: USCIS may grant exceptions in extraordinarily rare circumstances where the secretary has determined that: USCIS confirmed this proclamation applies only to prospective H-1B beneficiaries who are seeking entry into the United States from outside of the country, and it is not applicable to current H-1B visa holders or... For example, F-1 OPT students eligible for change of status to H-1B in calendar year 2026 (fiscal year 2027) are not affected by the proclamation.

The “Restriction on Entry of Certain Nonimmigrant Workers” proclamation, issued on September 19, 2025, announced a $100,000 payment instituted on H-1B petitions, and was later clarified by a White House fact sheet, government memoranda,... Starting at 12:01 a.m. eastern daylight time on September 21, 2025, the proclamation imposed a restriction certain H-1B workers’ entry into the United States unless a $100,000 payment has been submitted or a national interest exception is granted. The proclamation also mandates compliance measures and coordination between the U.S. Department of Homeland Security (DHS) and the U.S. Department of State to enforce these restrictions.

The proclamation states that this framework is in place for twelve months, with potential for renewal beyond the initial one-year period. The $100,000 payment applies to the following types of H-1B petitions filed on or after the effective date of September 21, 2025: The $100,000 payment does not apply in the following scenarios: Petitioners are instructed to submit the $100,000 payment through Pay.gov. USCIS stipulates that where the payment is applicable, petitioners must either make payment or obtain the national interest exception from the secretary of homeland security prior to filing the Form I-129 H-1B petition or... On September 19, 2025, President Donald J.

Trump unveiled a $100,000 fee requirement for new H-1B visa petitions, using a presidential proclamation as the formal mechanism for the fee announcement. The H-1B program – a key visa category within employment-based visas for skilled foreign professionals – was targeted as part of an effort to protect U.S. workers and prevent abuse of the system. H-1B visas are for specialty occupations, established under the Immigration and Nationality Act, which serves as the legislative foundation for this visa category. On October 20, 2025, USCIS issued additional guidance. This update confirmed exactly who must pay the $100K fee and who is exempt, providing relief for certain applicants.

In short, most new H-1B filings for workers abroad are subject to the fee, whereas many petitions for those already in the U.S. are exempt. Below is a breakdown of the exemptions – in other words, who can benefit from not having to pay this massive new charge. These exemptions cover a large portion of H-1B seekers already in the United States, which is welcome news for international students graduating from U.S. schools and for H-1B professionals continuing their employment. On the other hand, new H-1B sponsorships for workers abroad still trigger the fee.

Any petition filed on or after Sept. 21, 2025 on behalf of someone outside the U.S. (who doesn't already have an H-1B visa) will require the $100,000 payment. This generally includes future lottery selections of overseas candidates and other initial H-1B hires coming directly from abroad. USCIS has set up an online portal for employers to pay this sum and mandates that proof of payment be submitted with the petition. Failing to include the fee or evidence of a qualified exemption will result in the petition being denied.

The policy allows for case-by-case exceptions to the fee, but these are extremely rare. An employer would have to convince the Department of Homeland Security that the H-1B worker is in the national interest, no U.S. worker is available for the role, the individual poses no security or welfare risk, and that paying the fee would undermine U.S. interests. Only if all of those criteria are met might DHS grant a waiver of the fee – and officials stress that such exceptions will be "extraordinarily rare". In practice, very few cases are expected to qualify for this relief.

The Department of Homeland Security will issue a final decision on each exception request. Most employers will either pay the $100K for overseas hires or focus on candidates already in the U.S. who are exempt. U.S. Citizenship and Immigration Services has issued new guidance on who pays the $100,000 fee for new H-1B visa applications, how to pay the fee and how to apply for an exception. The immigration fee was included in a Sept.

19 presidential proclamation. Specifics around the fee have confused many employers because previous guidance from federal agencies failed to answer many questions. The U.S. Chamber of Commerce filed a lawsuit against the H-1B fee last week following an earlier lawsuit from a diverse group of plaintiffs filed on Oct. 3. H-1B temporary visas are often the only practical way for a high-skilled foreign national to work in the United States long term.

When companies recruit at U.S. universities, they find that international students account for 73% of full-time graduate students in electrical and computer engineering. The H-1B annual limit is 65,000, with 20,000 exemptions for individuals with master’s degrees or higher from a U.S. university. In addition to government fees that can exceed $6,000, employers must pay the higher of the actual or prevailing wage paid to U.S. professionals with similar experience and qualifications.

Oct 20 Uscis Issues Formal Guidance On Trump S 100k H 1b Fee

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