USCIS Issues Clarification on H-1B Proclamation

October 22, 2025 Update on the $100,000 H-1B Fee

On October 20, 2025, USCIS issued further clarification on the Proclamation on Restriction on Entry of Certain Nonimmigrant Workers that was issued on September 19, 2025.

In a nutshell, who is NOT subject to the $100,000 fee?

The $100,000 fee does not apply to:

• Foreign nationals who have a currently valid H-1B visa foil
• Foreign nationals whose H-1B petitions were filed before September 21, 2025
• Foreign nationals who receive an approval of their H-1B petition requesting a Change of Status, Amendment, Extension of Stay, or Change of Employer. Such foreign nationals will not become subject to the fee if they leave the U.S. and apply for a visa foil based on the approved petition.

For further clarification on the proclamation, view WR Immigration’s H-1B Proclamation Guidance handout below, where we provide an in-depth analysis on the H-1B fee, eligibility, and payment options.

For case-specific questions and/or further guidance on the $100,000 H-1B fee that keeps evolving, please contact your WR Immigration attorney.