On September 19, 2025, President Trump issued a Presidential Proclamation that created a new $100,000 supplemental fee that will be required for many H-1B cases. The Proclamation was written broadly and initially appeared to apply to any requests for workers’ admission into the U.S. in H-1B status to occur on or after Sunday, September 21, 2025. Based on the timing of the Proclamation, it appeared to be principally aimed in the immediate term at persons who were already approved under cap-subject H-1B petitions that had an employment start date of October 1, 2025 and who sought to enter the U.S. to undertake that employment.
On Saturday, September 20, 2025, U.S. Citizenship and Immigration Services and U.S. Customs & Border Protection issued guidance clarifying that the Proclamation applies only to prospective petitions — that is, new H-1B petitions filed on or after September 21, 2025. It does not apply retroactively to pending or already approved petitions. It also does not apply to persons who already have approved H-1B visas. Thus, the new rule should not affect persons entering the U.S. to undertake employment that begins October 1, 2025 as long as they have approved visas before the effective date of the Proclamation. For future extension of stay petitions inside the U.S. where the employee will remain in lawful H-1B status (e.g. change of employer, change of status, and amended petitions), these cases are not expressly covered in the guidance and Proclamation, so it appears they are exempt; however, it is unclear. There is language in USCIS and CBP guidance that suggests the requirement will apply only to persons who are outside the US and apply for H-1B visas via consular processing before seeking admission to the U.S. We are awaiting further guidance.
What this means for you:
Current H-1B employees in the U.S. – USCIS guidance states that the fee only applies to petitions that have not yet been filed. It does not apply to petitions that have been approved or which were pending as of the effective date of the Proclamation. CBP guidance suggests that the fee will only apply prospectively to new petitions that require consular processing, though this is not clear.
H-1B workers outside the U.S. New petitions filed after the effective date of the Proclamation may be subject to the supplemental fee once agencies finalize implementation procedures. Visa issuance and admission could be delayed until proof of payment is provided.
Exemptions – The Proclamation allows for potential exemptions for beneficiaries whose work is in the national interest and who do not pose a security risk. The process for seeking exemptions has not yet been published.
Litigation – Multiple lawsuits are being prepared to challenge the Proclamation. Courts may block, modify, or uphold it, and outcomes remain uncertain.
Next steps:
Our office is actively monitoring the rule, its implementation, litigation, and any guidance from the Departments of Homeland Security and Department of State.
At this time though, we do not recommend travelling outside of the U.S. until further clarification is provided.
Please contact a member of the SKO immigration practice group if you have H-1B workers abroad, upcoming international travel needs, or pending consular cases so we can review the risks and develop a strategy.
