H-1B PROCLAMATION COULD ADD $100,000 FEE TO PETITIONS

Late Friday, September 19, 2025, President Trump issued the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers.  The Proclamation creates a $100,000 fee due on each H-1B petition at the time the case is filed, although some exemptions exist.  There was – and continues to be -- widespread confusion about the applicability of the Proclamation to various types of H-1B cases.

Please join our webinar on Tuesday, September 23, 2025 at 2PM.  We will spend much of the webinar addressing the new Proclamation.  We have been involved with some non-public conversations with Washington DC.  We will share what we are allowed to share during that webinar.

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Here’s what we currently know. We will share updates as soon as they are announced:

• The Proclamation is effective Sunday, September 21, 2025 at 12:01AM Eastern Time and is valid for a period of 12 months.
• A fee of $100,000 per H-1B petition will be charged.  Note some reporting said the $100,000 would be assessed annually (totaling $300,000 for a three-year H-1B); that reporting is incorrect, the fee is a one-time $100,000 per H-1B petition. 
• Who the Fee Applies To – New H-1B petitions (both cap-subject and cap-exempt) that are filed with the USCIS after September 20, 2025.  The plain language of the Proclamation indicates the fee applies to all H-1B entries after September 20, 2025, but the Administration issued subsequent guidance on Saturday clarifying the fee will be applied to new H-1B petition filings submitted to the USCIS after September 20, 2025.
• Who is Exempt from the Fee – The fees does not apply to H-1Bs filed before September 20, 2025, including:
• Current H-1B holders who are traveling abroad and re-entering the US;
• Foreign nationals with a current H-1B approval and/or H-1B visa stamp who are entering the US for the first time; and
• H-4 dependents.
• Waiver of the $100,000 fee (National Interest Exemptions) – The USCIS may waive the $100,000 fee if:
• The H-1B employee’s work is in the national interest, and
• Their admission would not pose a threat to U.S. security or welfare.

No specific guidance has been issued yet on how to apply for a national interest exemption, or which industries or companies might qualify. Given the ongoing nursing shortage, RNs and other healthcare workers may have a strong case for this exemption.  IT professionals probably will not have a strong case for the exemption. We expect more details soon. 

• Legal Challenges Expected:
• Lawsuits challenging the Proclamation are likely and may request an emergency block of the Proclamation and the implementation of the fee.

MU will update our clients with additional information as this Proclamation is implemented and challenged in court.  Again, please join us on Tuesday’s webinar for the latest information.