23 September 2025
On September 21, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued formal guidance on the recent Presidential Proclamation mandating a $100,000 filing fee for certain H-1B petitions. This memorandum offers official confirmation of points we previously analyzed in our earlier breakdown of the proclamation.
Below, we outline the key clarifications provided by USCIS and what they mean for employers, current H-1B visa holders, and prospective applicants.
Key Takeaways from USCIS Policy Guidance
- Prospective Only
The $100,000 fee only applies to new H-1B petitions filed on or after September 21, 2025. Employers planning new filings should be prepared to budget accordingly. - Not Retroactive
Petitions filed before September 21, 2025, are not subject to the new fee. If your petition was submitted earlier, the new financial requirement will not apply. - Current H-1B Holders Not Affected
Those already in H-1B status will not need to pay the $100,000 fee, even if they travel internationally and return to the U.S. - International Travel Still Allowed
Current H-1B visa holders can continue to travel and reenter the United States without triggering the new fee, provided they do not need to file a new petition. - Applies to New Petitions from Abroad
The fee does apply to new H-1B petitions filed for workers outside the United States. Employers initiating petitions for foreign nationals abroad must plan for this significant additional cost.
What This Means for Employers and Foreign Workers
- Reassurance for Existing H-1Bs
If you’re already in H-1B status or your petition was filed prior to September 21, this fee does not affect you. There is no retroactive application of this rule. - Strategic Planning Required
Employers hiring foreign workers still abroad will now face steep financial implications. The $100,000 fee may influence recruitment timelines and budgets significantly. - Policy Still Evolving
As we mentioned in our earlier coverage, this is just the first step in a broader shift in immigration policy. We anticipate future rulemaking from DHS and the Department of State, particularly around wage-level prioritization for H-1B processing.
This update from USCIS provides official confirmation of what we stated earlier regarding the scope and impact of the Presidential Proclamation. VKM Law Group continues to monitor developments and will provide timely updates to help both employers and employees navigate these changes.
For tailored legal advice on H-1B petitions or how the new fee may affect your hiring strategy, contact us today.