On Friday, a Presidential Proclamation announced a new $100,000 fee for H-1B petitions filed on or after 9/21/2025. It provided very little clarity about who will be affected or how this will be implemented. Government agencies are working to issue clarifications and details, and this situation is still very much evolving.

Here's a summary of what we know and what is still unconfirmed.

What does this mean & who needs to pay

Per the proclamation, employers must provide a one-time fee of $100K with “any new H-1B visa petitions.” The word "new" is significant; an extension of a status or amendment for an existing H-1B is not considered a "new" petition.

What we know: 

•          The $100K is a one-time fee required with new filings; it is not an annual fee, and it is not a fee required with every H submitted after 9/21/25.
•          All cap selection petitions will need to include $100K fee for the initial petition, but subsequent extensions will not require another $100K.
•          An H-1B change of status for someone exempt from the cap but not currently in H-1B status would require the fee, regardless of whether they are in or outside of the U.S.
•          Current employees' extensions are not affected; USCIS has clearly confirmed that this has no impact on “fees required to be submitted in connection with any H-1B renewals.”

What is still uncertain:

•           It is unclear at this time whether the fee is required for petitions to transfer employment or concurrently employ a beneficiary. 
•           We don't know whether non-profits and cap exempt institutions will get any exemption.

Travel

Per the USCIS memo to CBP, this proclamation only affects beneficiaries of petitions filed on or after 9/21.

It does not apply to people who:

•           are the beneficiaries of petitions filed before 9/21/25
•           are the beneficiaries of currently approved petitions
•           are in possession of validly issued H-1B non-immigrant visas.

USCIS explicitly states in their FAQ that this “Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.” However, it's unclear whether consulate appointments to renew a visa will be impacted. There are conflicting reports that indicate consulates are still uncertain and have not received clear guidance from the Dept. of State.

Project firewall

The Department of Labor also announced Project Firewall, something they're calling “an H-1B enforcement initiative.” This will involve investigations into H-1B compliance. The target and scale of these investigations are unclear. This project “leverages existing authority granted to the Secretary if reasonable cause exists that an H-1B employer not in compliance,” and no new enforcement plans or penalties have been announced.

Links:

USCIS FAQ

CBP memo 

Project Firewall