!! BREAKING NEWS !! NEW H-1B PETITIONS NOW REQUIRE $100,000 EXTRA PAYMENT

On September 19, 2025, President Trump signed the Proclamation “Restriction on Entry of Certain Nonimmigrant Workers.” The directive takes effect at 12:01 a.m. EDT on September 21, 2025, and, unless extended, will remain in place for 12 months.

A New Surcharge on H-1B Filings

The Proclamation requires employers to submit a one-time $100,000 payment with every new H-1B petition filed after the effective date, including the FY 2026 lottery. This surcharge is separate from and in addition to all standard USCIS filing fees, such as the I-129 petition fee, the ACWIA training fee, and the Fraud Prevention and Detection fee.

Scope and Compliance

Entry in H-1B status is restricted unless the $100,000 payment accompanies the petition. Employers must obtain and retain proof of payment before filing, and the Department of State will verify payment during consular processing. The Department of Homeland Security will limit adjudications for petitions lacking payment where beneficiaries are abroad, and DHS and DOS are directed to deny entry if the surcharge has not been made. The Proclamation also instructs DOS to prevent misuse of B visas by H-1B beneficiaries with start dates before October 1, 2026. National-interest exceptions may be granted to individuals, companies, or industries.

What Remains Unchanged

The new requirement does not apply to petitions filed before September 21, 2025, nor does it affect previously issued H-1B visas. Extensions and renewals continue under existing fee structures, and current H-1B visa holders remain free to travel internationally.