$100K H-1B Fee for Entry - What Employers and Employees Need to Know

On September 19, 2025, the President issued a Proclamation that significantly alters the H-1B visa process for foreign nationals currently outside the United States. Effective September 21, 2025, at midnight Eastern US time, the Proclamation restricts entry of H-1B workers unless the petition is accompanied or supplemented by a $100,000 payment. This change is subject to limited exceptions and is expected to remain in effect for 12 months, unless extended.

This policy presents serious legal and operational concerns. The Proclamation lacks details about how or where this payment must be made, when it must be submitted, and by whom. It is also unclear whether this is a petition filing fee, a consular fee, or some new precondition for visa issuance or entry. No mechanism for payment has been released. Nor has any formal guidance been issued on how to qualify for the so-called "national interest" exception.

The Proclamation may be subject to legal challenge. It raises serious concerns under the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA), particularly because it imposes a new financial requirement without statutory authorization or regulatory process. There is a strong argument that such a requirement must go through formal rulemaking and cannot be implemented by executive order alone.

Given the current uncertainty, we recommend the following:

• H-1B workers currently abroad with valid visas should return to the U.S. prior to the September 21 effective date at 12:01am EDT if possible.

• Employers should avoid filing new H-1B petitions for foreign nationals outside the U.S. until additional guidance or litigation clarifies the status of this requirement.

• Employers with potential national interest arguments should begin compiling relevant documentation in anticipation of possible exception requests.

• Extensions of stay inside the U.S., including change of employer and amended petitions—where the beneficiary remains in lawful H-1B status—are not expressly covered.

• We expect this policy to be challenged in federal court and will continue to monitor developments closely.

We recognize the disruption this creates and will provide further updates as the situation develops. Please reach out to us immediately if you have questions about how this may affect your workforce planning or ongoing immigration matters.

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