Effective September 21, 2025, new H-1B petitions may be subject to a $100,000 payment requirement under a Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers (September 19, 2025). On October 21, 2025, the USCIS issued further guidance clarifying what petitions would be impacted.
The Proclamation specifically applies to petitions filed on or after that date that
- are on behalf of beneficiaries located outside the United States without a valid H-1B visa, or
- request consular notification, port-of-entry notification, or pre-flight inspection, even if the beneficiary currently holds H-1B status in the United States.
Accordingly, H-1B petitions requesting consular notification are subject to the $100,000 payment, regardless of the beneficiary's presence in the United States at the time of filing.
By contrast, petitions filed for an amendment, change of status, or extension of stay that are approved while the beneficiary remains in valid H-1B status in the United States are not subject to the payment. However, if USCIS denies such a request or determines the worker is ineligible for the requested status (e.g., the beneficiary departs prior to adjudication or falls out of status), the Proclamation applies and the payment must be made.
Employers should therefore carefully select the requested action type on Form I-129 and confirm payment compliance before filing. Evidence of either the pay.gov payment confirmation or an exception determination from the Secretary of Homeland Security must accompany the petition at filing to avoid rejection or denial.
How to pay the $100,000 payment
Petitioners should submit the required $100,000 payment using pay.gov, following the instructions here.
Exception requests may be submitted in extraordinary cases to H1BExceptions@hq.dhs.gov. At this time, we are awaiting additional guidance on this process, including what kind of evidence would be required in order for the Secretary of Homeland Security to determine (in the "extraordinarily rare circumstances") that a particular alien worker's presence is in the national interest of the United States.
Cozen O'Connor analysis
This latest guidance is a major development. Initially, it was assumed that all petitions would be subject to the $100,000 payment. Now, only those petitions requesting consular notification are subject to the fee. This will primarily impact companies that hire individuals from outside the United States or individuals who are outside the United States during the H-1B cap season.
In addition to these developments, there is still litigation ongoing that challenges the Proclamation, which could end with a U.S. court temporarily barring the implementation of the Proclamation.
Cozen O'Connor's Immigration Practice Group is closely monitoring ongoing litigation and additional DHS guidance related to this Proclamation. Please contact your Cozen O'Connor attorney with any questions regarding how this development may affect your H-1B filings.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
