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USCIS Issues Updated Guidance on President Trump’s Proclamation Related to H-1B Program

October 21, 2025

On September 19, 2025, President Trump issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. Under this Proclamation, certain H-1B petitions filed on or after September 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility. There was uncertainty as to what types of H-1B petitions would be impacted (e.g., cap petitions versus non-cap petitions, change of employer petitions, extensions with the same employer, etc.). However, on October 20, 2025, United States Citizenship and Immigration Services (“USCIS”) issued additional guidance.

Who is Subject to the $100,000 Payment?

According to the USCIS website, the $100,000 payment is required for new H-1B petitions filed on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The $100,000 payment is also required for petitions that request consular notification, port of entry notification, or pre-flight inspection for a beneficiary already in the United States. Furthermore, the $100,000 payment will also be required for H-1B petitions when USCIS determines that the beneficiary is ineligible for a change of status or an amendment or extension of stay (e.g., the beneficiary departs the United States prior to adjudication of a change of status request, the beneficiary is not in a valid nonimmigrant status, etc.).

This proclamation does not apply to petitions that were filed prior to September 21, 2025. Additionally, the $100,000 payment is not required for approved petitions filed on or after September 21, 2025, requesting an amendment, change of status, or extension of stay for a beneficiary already inside the United States.

Travel Considerations

H-1B beneficiaries who possess a valid H-1B visa in their passport are permitted to travel to and from the United States. Additionally, beneficiaries of approved H-1B petitions requesting an amendment, change of status, or extension of stay who are currently in the United States are permitted to depart the United States, obtain a visa abroad, and reenter the United States with a valid H-1B visa.

Exceptions Granted by the Secretary of Homeland Security

According to USCIS, an exception to the $100,000 payment is granted by the Secretary of Homeland Security in the “extraordinarily rare circumstance” where the Secretary has determined that the particular H-1B beneficiary’s presence in the United States is in the national interest, that no American worker is available to fill the beneficiary’s role, the beneficiary does not pose a threat to the security or welfare of the United States, and requiring the petitioning employer to make the $100,000 payment on behalf of the beneficiary would significantly undermine the interests of the United States. A petitioning employer who believes a particular H-1B beneficiary is worthy of this exception is directed to submit their request and all supporting evidence to H1BExceptions@hq.dhs.gov.

How and When to Make the $100,000 Payment?

Petitions subject to the $100,000 payment are required to make payment using pay.gov. Instructions can be found here.

Payment must be made prior to filing an H-1B petition with USCIS if requesting consular or port of entry notification.    When filing an H-1B petition, petitioners are required to submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security. Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.   If USCIS determines that the beneficiary is ineligible for a change or extension of status to H-1B, the payment will also be due at that time in order for USCIS to adjudicate the petition for consular or port of entry notification.

Please stay tuned to our website for further updates. If you have any questions about how this Proclamation might affect you, please contact your attorney directly. To schedule a new consultation with one of our attorneys, please complete our consultation request form.