Updated 10/20/2025: USCIS has updated its web page on H-1B Specialty Occupations to include updated information on the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. Some notable confirmations include:
- The proclamation "does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States." In other words, international employees with a current H-1B visa may exit and re-enter the U.S. without needing to pay the fee.
- The proclamation does not apply to an H-1B application that is processed via Change of Status. It also does not apply to an amendment or extension of stay to an H-1B application.
- The proclamation does not apply to an international employee with an approved H-1B status through the Change of Status process who travels outside of the U.S. to apply for the visa stamp.
- Clarity on the process for submitting the fee payment.
- Basic instructions on the process to request an exception to the fee payment:
- Petitioning employers must prove that "a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States."
- Petitioning employers must send evidence of the above to H1BExceptions@hq.dhs.gov, to be adjudicated by the Secretary of Homeland Security.
While this updated web page clarifies many questions about the new fee, it has yet to address whether this fee will apply to the Change of Employer process for H-1B visa holders.
Updated 10/14/2025: The University of California published a helpful FAQ on 9/29/25 that clarifies some of the more common questions about the $100,000 fee.
Updated 10/13/2025: At this time, it appears as though the $100,000 is not currently applying to Change of Employer or Change of Status H-1B applications. However, it is unclear if this exclusion is intended to be permanent, or because the fee payment process is not yet fully finalized. If you have questions about whether the fee will apply to your specific application, we recommend that you contact h1b@berkeley.edu (if your H-1B will be sponsored by UC Berkeley) or your employer's immigration legal team (if your H-1B will be not be sponsored by UC Berkeley).
Updated 10/6/2025: A broad coalition of organizations, including labor unions, healthcare providers, schools, and religious organizations, filed a major lawsuit on October 3, 2025, challenging the Trump administration's new $100,000 one-time fee on new H-1B visa petitions. The lawsuit, titled Global Nurse Force, et al. v. Trump, et al., argues that the fee, imposed by a Presidential Proclamation on September 19, 2025, is unlawful because it exceeds the President's authority and violates the constitutional separation of powers, and the administration violated the Administrative Procedure Act (APA) by implementing the fee without the required notice-and-comment rulemaking process. Plaintiffs contend that the prohibitive cost is will cause immediate and significant harm, particularly to institutions in critical sectors like rural healthcare and education, and are asking the federal court to immediately block the fee's enforcement.
Original Post 9/22/2025: On September 19, 2025 a presidential proclamation was issued, which addresses the H-1B nonimmigrant visa program. With the purpose of encouraging the employment of U.S. citizens over foreign workers, the proclamation restricts the entry of H-1B visa holders into the U.S., unless their sponsoring employer pays a $100,000 fee. It is important to note that this proclamation only applies prospectively to petitions that have not yet been filed.
Additional guidance was provided by U.S. Citizenship and Immigration Services (USCIS) through the form of a memo and an FAQ, providing some additional clarification, as well as a separate memo posted by Customs and Border Protection (CBP).
Based on the information in the proclamation and subsequent guidance, here are the key takeaways regarding this new proclamation:
- The new $100,000 payment requirement for H-1B visas only applies to new petitions filed on or after September 21, 2025. It does not affect current or previously approved petitions.
- The proclamation does not apply to individuals who:
- Are the beneficiaries of petitions that were filed prior to September 21,2025.
- Are the beneficiaries of currently approved petitions.
- Are in possession of validly issued H-1B non-immigrant visas.
- The proclamation does not and will not apply to any H-1B renewals.
- The proclamation does not impact the ability of any current visa holder to travel to or from the United States. If you already hold H-1B status, you should be able to travel as you normally would.
Based on this guidance, any H-1B nonimmigrant who currently holds H-1B status (or is the beneficiary of a pending or approved H-1B petition) will not be subject to the restriction described in the proclamation and may travel to the United States. Nevertheless, BIO continues to urge caution when considering international travel, due to the possibility of confusion at ports of entry as the new policy is implemented.
There are some additional areas that will require further clarification:
- If the new fee will be required for H-1B change of employer or change of status petitions.
- If petitions that are not subject to the lottery system will have to pay the new $100,000 fee, which includes cap-exempt petitions for universities.
- The process to pay the $100,000 fee.
- The process for applying for a n exception.
The proclamation became effective Sunday, September 21, 2025, at 12:01 a.m. Eastern Time and is scheduled to remain in place for one year, unless extended. BIO will continue to make updates as new information becomes available.
Additionally, The University of California is actively reviewing the details of the proclamation’s impact on H-1B visas and is working with policymakers and higher education associations to understand the full scope of the proclamation and its impact. While the proclamation applies to new applicants, its impact is nonetheless profound. The priority of the University of California is to ensure clear communication and support for UC scholars and employees who may be affected. As as additional guidance is made available, the University of California will continue to work with campuses to provide guidance as more information becomes available. They will continue to advocate strongly for policies that uphold the University’s mission of teaching, research, and public service, which rely on the contributions of international scholars and employees.