Washington, D.C. On September 19, 2025, the President had issued a Proclamation with a Restriction on Entry of Certain Nonimmigrant Workers seeking to restrict entry of skilled H-1B workers into the U.S. with a hefty $100,000 H-1B entry fee starting from September 21, 2025. It is unclear under what authority the government is trying to re-write the H-1B laws and regulations with the Presidential Proclamation on H-1B but from the reading of the Proclamation, Whitehouse’s Factsheets and FAQ, the restrictions appeared to apply to specific group to persons.
Recently the Proclamation has been challenged in the court of law by a broad coalition of organizations and by the U.S. Chamber for lacking legal authority in issuing such a Proclamation.
Recently, USCIS has provided a clarification on its website about the implementation of the Proclamation as the following:
Who is subject to the payment $100,000 H-1B entry fee:
- The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.
- The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.
- In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.
The Proclamation’s H-1B Entry Fee does not apply
- Any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
- In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.
- The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension.
- Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
How to pay the $100,000 H-1B Entry Fee:
Petitioners can submit the required $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176.
When to pay the $100,000 H-1B Entry Fee:
Payment must be made prior to filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.
Grounds for Exceptions granted by the Secretary of Homeland Security:
Exceptions to the payment of $100,000 H-1B Entry Fee are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that:
- a particular alien worker’s presence in the United States as an H-1B worker is in the national interest,
- that no American worker is available to fill the role,
- that the alien worker does not pose a threat to the security or welfare of the United States, and
- that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.
Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov.
Background and What is Next to Come
Earlier the government officials had clarified that the Proclamation also does not apply to doctors seeking to work in the U.S. on H-1B but it is unclear if H-1Bs for Registered Nurses, Physical Therapists and other related healthcare professionals exempted.
U.S. State Department had stated that the government will be taking further steps to change polices on H-1B program, as contemplated in the Proclamation, including:
- A rulemaking by the Department of Labor to revise and raise the prevailing wage levels in order to upskill the H-1B program and ensure that it is used to hire only the best of the best temporary foreign workers.
- A rulemaking by the Department of Homeland Security to prioritize high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels.
(last updated October 21, 2025, more updates forthcoming).
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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