The U.S. Citizenship and Immigration Services (USCIS) has issued detailed guidance implementing the Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers,” signed on September 19, 2025, which introduces an additional $100,000 payment for certain H-1B petitions filed on or after 12:01 a.m. EDT, September 21, 2025. The agency’s notice clarifies who must pay, when payment is required, how to pay, and the narrow circumstances in which the Secretary of Homeland Security may grant an exception.
Who is subject to the $100,000 payment
- New H-1B petitions filed at or after 12:01 a.m. EDT, Sept. 21, 2025, for beneficiaries outside the United States who do not hold a valid H-1B visa.
- Petitions (filed on/after the same effective time) requesting consular notification, port-of-entry notification, or pre-flight inspection for a beneficiary in the United States.
- Petitions (filed on/after the effective time) that request a change of status, amendment, or extension of stay but where USCIS determines the beneficiary is ineligible for that change/amendment/extension (e.g., not in valid nonimmigrant status or the beneficiary departs the U.S. before adjudication of a change-of-status request). In such cases, the Proclamation applies and the $100,000 payment is required per USCIS instructions.
Who is not subject
- Existing, valid H-1B visas and any petitions submitted before 12:01 a.m. EDT, Sept. 21, 2025.
- Petitions filed on/after the effective time that seek an amendment, change of status, or extension of stay for a beneficiary inside the United States, where USCIS grants that amendment/change/extension.
- Beneficiaries covered by the approved, in-U.S. amendment/change/extension above remain not subject to the payment even if they later depart the U.S. and apply for a visa based on the approved petition and/or re-enter on a current H-1B visa.
According to USCIS, petitioners must make the $100,000 payment via Pay.gov before submitting their petitions and include proof of payment with their filing. Petitions subject to the proclamation that lack proof of payment or approved exceptions will be denied.
The Secretary of Homeland Security may grant exceptions only in extraordinarily rare circumstances where the worker’s presence is deemed in the national interest, no qualified U.S. worker is available, the applicant poses no security risk, and requiring payment would undermine U.S. interests. Employers seeking such an exemption must submit their request with supporting evidence to H1BExceptions@hq.dhs.gov.
