USCIS Clarification on Presidential Proclamation Imposing Fee and Restricting Entry to the United States for Certain H-1B Visa Holders

U.S. Citizenship and Immigration Services (USCIS) has issued further guidance regarding applicability of the recent H-1B proclamation on its website, limiting the applicability of the proclamation. 

As discussed in our previous Update, President Donald Trump issued a proclamation on September 19, 2025, implementing a $100,000 fee for certain individuals seeking H-1B status. Following issuance of the proclamation, several government agencies issued memoranda to clarify the proclamation’s reach.  However, there remained a lack of clarity on how the proclamation would impact future petitions. 

USCIS has now confirmed that the proclamation does not apply to the following:

• H-1B petitions filed prior to the proclamation’s effective date of September 21, 2025, at 12:01am ET, inclusive of any previously issued and currently valid H-1B visas.

• H-1B petitions filed on or after the proclamation’s effective date of September 21, 2025, at 12:01am ET that request an amendment, change of status, or extension of status for an individual within the United States and the individual is granted such a request. 

Practical implications:

• Companies will not need to pay the $100,000 fee for the petitions above.

• Current H-1B visa holders can continue to travel in and out of the United States. 

• Individuals can continue to depart the United States and apply for a visa based on an approved amendment, change of status, or extension of status and/or re-enter the United States on a current H-1B visa.

• Exceptions will be rare and made available in situations where the individual’s presence in the United States is in the national interest, where no U.S. worker is able to fill the role, where the individual is not a threat to U.S. security, and when requiring the employer to pay the fee would significantly undermine the interests of the United States. Should an employer believe it qualifies for the exception, requests for review can be sent to USCIS.

The proclamation continues to apply to:

• H-1B petitions filed on after September 21, 2025, requesting consular processing, port of entry notification, or preflight inspection for individuals outside the United States.

• H-1B petitions for which USCIS finds that the individual is ineligible for a change of status, amendment, or extension.

The proclamation has also been challenged in court, and the results of these challenges may further impact the proclamation’s implementation. 

We are carefully reviewing all updates and will provide information as this further develops. Please contact experienced counsel for legal advice related to your specific situation.