Employment Law Report
The New H-1B Visa Landscape: Key Updates
On September 19, 2025, President Trump signed a Presidential Proclamation requiring an additional $100,000 fee for H-1B visa petitions. This is a drastic increase on the typical fees associated with H-1B visas. This concerning news has caused a large amount of confusion. The White House, U.S Citizenship and Immigration Services (“USCIS”) , and the U.S Department of Homeland Security [“DHS”] have provided additional guidelines since the September 19 Proclamation. We anticipate that this Proclamation will be challenged in the courts but are operating at this time as if it was fully implemented as scheduled at 12:01 AM EDT Sunday, September 21, 2025.
There is still limited information at this time regarding the Proclamation and to whom it will and will not apply to. Below are some key points from the recent announcement:
- The Proclamation went into effect at 12:01 AM EDT Sunday, September 21, 2025. It will be implemented for one year with the option to extend.
- The Proclamation requires a $100,000 payment to accompany new H-1B petitions submitted on or after September 21, 2025. It does not apply to any applications submitted or approved prior to that date.
- The Proclamation appears to be a one-time fee upon submission of a new H-1B petition-It does not require any additional fees in connection with H-1B renewals. There have been conflicting explanations from the White House as to whether the $100,000 fee is a one-time fee or an annual fee. We expect further clarification on this point.
- USCIS will not adjudicate new petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside the US. The method of paying the $100,000 fee has not been disclosed at this time.
- The White House indicated that there were no travel restrictions on current H-1B visa holders and they would not be required to pay the $100,000 fee to re-enter. It may be prudent for H-1B visa holders to postpone any immediate travel until further details are provided.
Potential Exemptions:
The Proclamation states that certain individuals, companies, or industries that DHS determines to be in the national interest of the US will be exempt from the $100,000 fee. At this time, we are unaware whom this will include. It is not clear whether this exemption applies to cap-exempt entities. There have been some discussions that medical doctors would be included in this exemption and would not be subject to the additional fee.
H-1B Visa Basics:
The H-1B visa is a non-immigrant visa for professional workers in “specialty occupations.” Specialty occupations are those that typically require a bachelor’s degree-The employee must hold a bachelor’s degree to qualify for the visa. The government provides 85,000 H-1B visas annually via a lottery, the most recent lottery had over 330,000 eligible entries. If selected in the lottery the employer determines the required wage through the Department of Labor and then files an application with the USCIS. Certain entities, including institutes of higher education and non-profits affiliated with institutions of higher education are exempt from the H-1B visa cap and lottery.
Conclusion:
We anticipate additional changes and clarifications to be made over the coming weeks. We advise all employers and H-1B visa holders to follow all developments closely. We expect potential litigation could impact the Proclamation moving forward. Wyatt, Tarrant & Combs’ immigration attorneys will continue to monitor the situation and other policy updates. We will provide updates as additional information becomes available.
