On September 19, 2025, President Trump issued a presidential proclamation that sent shockwaves through the immigration community: a new $100,000 fee requirement for certain H-1B visa petitions. While the announcement created immediate confusion, USCIS released clarifying guidance on October 20, 2025, that provides much-needed detail about who this fee impacts and under what circumstances it applies.

At SLO, we understand that navigating these sudden policy shifts can be overwhelming for both employers and foreign workers. We will attempt to break down the essential information you need to know about this significant change to the H-1B program.

Who Is Subject to the $100,000 Fee?

The fee applies specifically to new H-1B petitions filed on or after September 21, 2025 in the following circumstances:

• Beneficiaries outside the United States: If you're sponsoring an H-1B worker who is currently abroad and does not hold a valid H-1B visa, the $100,000 fee will apply.
• Consular processing requests: Any petition that requests consular notification, port of entry notification, or pre-flight inspection—even if the beneficiary is currently in the United States—triggers the fee requirement.
• Failed status maintenance: If you file an H-1B petition for a change of status, amendment, or extension for someone in the U.S., and USCIS later determines they are ineligible (for instance, they failed to maintain lawful status or departed the U.S. before the petition was adjudicated), the petition becomes subject to the $100,000 fee.

Who Is NOT Subject to the Fee?

Understanding the exemptions is equally important:

• Previously filed petitions: Any H-1B petition filed before September 21, 2025 is completely exempt, regardless of when it's adjudicated.
• Valid H-1B visa holders: Workers who already possess a valid H-1B visa can continue to travel in and out of the United States without being subject to this fee.
• In-country petitions (when approved): If you file an amendment, change of status, or extension of stay for a beneficiary who is already in the United States, and USCIS approves that request, the fee does not apply. Importantly, if that person later travels abroad and applies for a visa based on the approved petition, they still won't face the $100,000 fee.

How the Fee Impacts Employers and Workers

The $100,000 fee represents a significant financial burden that fundamentally changes H-1B hiring strategies. For employers, this means dramatically increased costs for bringing new talent from abroad and greater emphasis on recruiting workers already in the United States. For foreign workers, this translates to reduced job opportunities and increased importance of maintaining lawful status to avoid triggering the fee unexpectedly.

Contact us today to discuss how this proclamation affects your specific situation and develop a strategy that protects your interests.

We hope this information helps you feel more confident as you navigate the immigration process. If you have any questions or need assistance with your specific case, contact us at SanSha Law Office today at 469-777-6161. Our team is here to support you every step of the way. Contact us today to get started or for a consultation — we're ready to help you move forward.