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Yesterday, September 20th, the USCIS Director Joseph B. Edlow, issued a memo limiting the scope of how the presidential proclamation of $100,000 for H-1Bs will be applied despite the clear language of the proclamation. Customs and Border Patrol (CBP) issued a similar memo. A similar memo is also expected from the U.S. Department of State on the issuance of H-1B visas.
Key points include:
Scope: The presidential proclamation now applies only prospectively to petitions filed after 12:01 a.m. ET, September 21, 2025. Any current H-1B visa holders returning to the United States after the proclamation implementation date are allowed to enter. They should carry copies of the above memos put out by USCIS and CBP.
Pending or Approved H-1B petitions: Any H-1B petition filed or approved prior to this date are not subject to the $100,000 payment.
Current H-1B Visa Holders: Foreign nationals who have valid H-1B visas in their passports are not affected – they may continue to travel using their H-1B visas. The fee does not apply to them.
Upcoming H-1B visa appointments: Those foreign nationals with visa appointments to obtain H-1B visas based upon petitions filed before September 21 (12:01 a.m.) should still be able to get their visas and enter the United States. Once the U.S. Department of State issues their memo this will be clarified.
What Employers and H-1B Beneficiaries Should Know:
Submitting new H-1B petitions: If the beneficiary is outside of the United States starting September 21, 2025, a $100,000 payment or evidence of payment must be filed with the petition. It should not apply to extensions of stay, change of employer, or change of status for beneficiaries already in the United States. Guidance on petitions subject to the $100,000 fee, on payment of the fee, and on applying for a national interest exception to the new fee are expected soon.
Travel in H-1B status: Foreign nationals in H-1B status should still limit international travel as it is anticipated that there will be possible confusion at airports as to how to enforce this proclamation.
Stay informed / Connect with T&R: Employers should have their employees sign up for the T&R newsletter and connect with T&R on social media – LinkedIn and Facebook to receive current updates on immigration policies.
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