Are you exempt from the new $100,000 H1 fee?

Dear Clients,

The recent Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers” imposes a $100,000 fee to “new” H-1B petitions submitted on/after September 21, 2025. Please note the following important points regarding the applicability of this proclamation:

• The proclamation does not apply to Beneficiaries who already have valid H-1B status.
• The proclamation also does not apply to those who have pending H-1B petitions filed before September 21, 2025. 
• It does not affect extension petitions for existing H-1B holders or those who were selected in previous lottery cycles. 
• Current H-1B holders can continue international travel and re-enter without paying the large fee. Nevertheless, the best practice is to avoid non-essential travel due to unsettled agency practices and the evolving nature of the screening procedures used for H-1B holders at entry.

Please note that this is a fluid situation and that additional regulations/rules are going to be issued by the relevant agencies. Furthermore, the implementation of the proclamation is impacted by volatile and unpredictable factors such as domestic political considerations and trade negotiations with the government of India (where most H-1B Beneficiaries come from). 

Finally, one should avoid making any decisions based on blog commentary or by attempting to analyze the situation using ChatGPT.

These sources often come to false conclusions based on unreliable information.

Please consult with an H1 visa lawyer before making any decisions.