On September 19, 2025, Head of state Trump issued a Governmental Proclamation calling for a $ 100, 000 fee for sure H- 1 B petitions where the employee is outside the United States. Reliable September 21, 2025, united state access will certainly be restricted unless the request is come with by this repayment. The restriction is short-term (12 months, via September 20, 2026 yet might be extended.
The Proclamation does not end the H- 1 B program. Companies might continue to submit extensions, modifications, and transfers for H- 1 B staff members currently inside the United States. Pending or authorized applications for employees that stay in the united state will certainly not be subject to the new cost. However, global travel is highly inhibited, as returning workers might face the brand-new payment demand. The Division of Homeland Safety and security might exempt people, firms, or sectors if employing H- 1 B workers is in the “national interest,” though the standard for these exemptions is not yet defined. Cap-exempt entities (colleges, nonprofits) are not particularly taken but might certify under this exemption.
On September 20, 2025, USCIS Supervisor Joseph Edlow released a memorandum trying to clarify execution of the Proclamation. According to USCIS, the $ 100, 000 charge applies just prospectively, to requests not yet submitted. The Pronouncement does not apply to recipients of requests submitted before the reliable date, recipients of approved applications, or individuals holding validly provided H- 1 B visas. A White Residence H- 1 B Fact Sheet offers even more information.
Despite this clarification, vital inquiries continue to be unanswered. The memorandum does not specify whether the fee relates to requests requesting an adjustment or expansion of status, or a modification of company. It likewise leaves open the possibility that USCIS might attempt to limit the fee to cap-subject applications in the FY 27 lotto, however no confirmation has actually been given. Moreover, the USCIS advice leaves from the Announcement’s language, creating disparities that enhance uncertainty.
The Announcement, due to the fact that it is based on INA 212 (f) which addresses the “access of any aliens” or of “any type of course of aliens”, must not apply to a person inside the US that is looking for an expansion of remain, and it must not likewise put on a change of condition to H- 1 B in the US even if the information from the White Home does not state it. Nonetheless, at this time, we have actually not received official explanation on this factor.