Trump's $100,000 H-1B Entry Fee Explained
Official analysis of the September 19, 2025 Presidential Proclamation restricting H-1B entry for certain beneficiaries
Critical Information
Effective Date: September 21, 2025, 12:01 AM ET
Applies To: H-1B petitions filed on or after the effective date
Already Filed Cases: Already submitted cases are NOT affected
Fee Amount: $100,000 per beneficiary
Scope: Entry restriction for beneficiaries outside the U.S. only
Executive Order Overview
Presidential Proclamation Details
On September 19, 2025, President Trump issued the "Restriction on Entry of Certain Nonimmigrant Workers" proclamation to address systemic abuse of H-1B nonimmigrant visas.
Legal Authority
The proclamation is issued pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA):
- • 8 U.S.C. 1182(f): Presidential authority to suspend entry of aliens
- • 8 U.S.C. 1185(a): Authority to regulate departure and entry
- • Target: Section 101(a)(15)(H)(i)(b) nonimmigrant specialty occupation workers
Entry Restricted
H-1B beneficiaries outside the U.S. whose petitions are filed after September 21, 2025, 12:01 AM ET, unless accompanied by $100,000 payment
Exemptions Apply
Beneficiaries of pre-September 21 petitions, currently approved petitions, or holders of valid H-1B visas are not affected
Key Provisions
Prospective Application Only
The proclamation applies exclusively to future filings and does not affect existing cases:
Protected Cases
Petitions filed before Sept 21, 2025
Currently Approved
Existing approved petitions
Valid Visas
H-1B visa holders in possession
$100,000 Payment Requirement
Entry is restricted unless petitions are "accompanied or supplemented by a payment of $100,000."
Payment Responsibility Unclear
The proclamation does not specify whether the employer or employee is responsible for the $100,000 payment. This remains a subject of ongoing clarification from government agencies.
What We Know:
- • Payment required per beneficiary
- • Must accompany or supplement petition
- • Applies only to new petitions
- • Entry restriction, not employment ban
Still Unclear:
- • Employer vs. employee liability
- • Payment processing mechanism
- • Refund policies
- • Appeal procedures
Travel and Entry Impact
The proclamation specifically addresses entry restrictions and travel limitations:
Entry Restricted
H-1B beneficiaries outside the U.S. with new petitions cannot enter without the $100,000 payment
Travel Unaffected
Current visa holders retain ability to travel to and from the United States
Practical Examples: When Does the $100k Fee Apply?
Example 1: Change of Status (No Fee Required)
Scenario:
Sarah is on F-1 student status in the US. Her employer files an H-1B petition with USCIS requesting Change of Status (I-539) from F-1 to H-1B while she remains in the US.
Why No Fee Applies:
- • No entry/re-entry involved
- • Processing through USCIS, not consulate
- • Travel ban doesn't affect status changes
- • Beneficiary remains in the US throughout
Result:
$0 additional fee. Sarah can continue working in H-1B status without the $100,000 entry fee requirement.
Example 2: Consular Processing (Fee Required)
Scenario:
Michael has been in the US on F-1 status for 2 years. After his employer files an H-1B petition (after Sept 21, 2025), he travels abroad and applies for an H-1B visa at a US consulate to re-enter.
Why Fee Applies:
- • Petition filed after September 21, 2025
- • Beneficiary seeking entry from abroad
- • Travel ban affects visa issuance
- • Less than 3 years continuous US presence
Result:
$100,000 fee required. Michael cannot receive the H-1B visa or enter the US unless the petition includes the $100,000 payment.
Key Distinction: Status vs. Entry
Change of Status
- • Filed with USCIS (I-129 + I-539)
- • Beneficiary stays in the US
- • No consular processing needed
- • No $100k fee
Consular Processing
- • Filed with USCIS (I-129 only)
- • Visa application at consulate
- • Entry from abroad required
- • $100k fee required
Critical Planning Point: The choice between Change of Status and Consular Processing can save or cost $100,000 under the new policy.
Duration and Renewal
Current Term
Renewal Process
The proclamation is subject to renewal after the 2026 H-1B lottery process.
Government will announce renewal decision within 30 days after April 2026 lottery results.
Frequently Asked Questions
Does the $100,000 fee apply to H-1B extensions or renewals?
No - Extensions are NOT affected
The $100,000 payment only applies to new H-1B petitions. H-1B extensions or renewals with the same employer (ì‹ ë¶„ì—°ìž¥) are completely exempt from this fee.
Official Clarification: "Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition."
What qualifies as a "new" H-1B petition vs. an extension?
New Petition ($100k Fee)
- • First-time H-1B petition
- • Change of employer
- • Significant job duty changes
- • New specialty occupation
Extension (No Fee)
- • Same employer extension
- • Same job duties
- • Same work location
- • Continuation of approved petition
When is the $100,000 fee paid - once or repeatedly?
One-time fee only
The $100,000 is a one-time payment required when submitting a new H-1B petition. Future extensions, amendments, or renewals with the same employer do not require additional payments.
Can I avoid the fee by filing before the deadline?
Deadline: September 21, 2025, 12:01 AM ET
H-1B petitions filed before September 21, 2025, 12:01 AM ET are completely exempt from the $100,000 fee. This includes petitions that are pending, approved, or in any stage of processing before the effective date.
Official Government Sources
Primary Executive Documents
Agency Implementation Guidance
For Client Consultation: Please reference these official links when providing customized responses to client inquiries. Already filed cases are not affected - this policy only applies to new H-1B petitions.
What This Means for You
If you are planning to file an H-1B petition or are a beneficiary of a future petition, this policy change may significantly impact your immigration strategy.
Immediate Actions:
- • Consult with immigration counsel
- • Review pending petition timelines
- • Assess financial implications
- • Consider alternative visa categories
Long-term Planning:
- • Explore EB-1A/NIW self-petitioning
- • Evaluate national interest exemptions
- • Monitor policy developments
- • Plan for potential renewals
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Immediate Actions:
- • Consult with immigration counsel
- • Review pending petition timelines
- • Assess financial implications
- • Consider alternative visa categories
Long-term Planning:
- • Explore EB-1A/NIW self-petitioning
- • Evaluate national interest exemptions
- • Monitor policy developments
- • Plan for potential renewals
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