Sept. 21, 2025: Presidential proclamation – Payment by employer of $100,000 fee for H-1B visa petitions FAQ (Updated 10/31/2025)

Carolyn Salter — Mon, 22 Sep 2025 13:13:51 +0000

Sept. 21, 2025: Presidential proclamation – Payment by employer of $100,000 fee for H-1B visa petitions FAQ (Updated 10/31/2025) Carolyn Salter Mon, 09/22/2025 - 07:13

Frequently Asked Questions (FAQ)

This FAQ provides general information based on ISSS’ understanding of currently available guidance. It does not constitute legal advice and does not address individual circumstances. ISSS will continue to update this FAQ as more information is available.

Late in the day on Sept. 19, 2025, President Trump signed a presidential proclamation instituting new entry restrictions on H-1B specialty occupation workers. Under this proclamation, in certain circumstances, approval of H-1B petitions, entry into the United States in H-1B status, and issuance of H-1B visas are prohibited unless the employer pays a $100,000 fee per individual petition.

On Sept. 20, 2025, at 12:58 p.m., the official White House rapid response account posted on X (formerly Twitter) that, “The Proclamation does not apply to anyone who has a current visa [and] does not impact the ability of any current visa holder to travel to/from the U.S.” Postings on X are not considered official government guidance.

On the evening of Sept. 20, 2025, the United States Citizenship and Immigration Services (USCIS) released and published official policy guidance stating that the presidential proclamation “only applies prospectively to petitions that have not yet been filed.”

On Sept. 21, 2025, the White House posted a “H-1B FAQ” on their website. Their FAQ clarifies that the $100,000 fee is a one-time fee that only applies to new H-1B petitions. It does not apply to petitions in which an employer is requesting an extension, amendment, or change of employer for an individual currently in the United States in H-1B status.

On Oct. 20, 2025, the USCIS updated their “H-1B Specialty Occupations” website to include information about how employers can pay the $100,000 fee and when to make the payment, and clarification on what types of H-1B applications the new fee applies to. They also provided the criteria for the government to grant a national interest exception to paying the fee.

In the guidance and FAQ, the federal government clarified that the proclamation does NOT apply to:

H-1B petitions (applications) filed prior to the effective date of the proclamation (Sept. 21 2025 12:01 a.m EDT) or
Individuals who, based upon H-1B petitions that were approved by the USCIS prior to Sept. 21, 2025 (12:01 a.m. EDT):
- currently hold H-1B nonimmigrant status; or
- will be in H-1B nonimmigrant status; or
- will be applying for H-1B visas or
Individuals who currently hold valid H-1B visa stamps in their passports; or
Petitions filed by employers after the effective date of the proclamation to extend and/or amend an individual’s H-1B status where the extension and/or amendment is granted; or
Individuals who currently hold a valid nonimmigrant visa status and are approved for a change of status to H-1B after the effective date of the proclamation even if they subsequently depart the United States and apply for an H-1B visa to reenter. Nonimmigrants whose petitions are pending approval and leave the country will be subject to the fee.

When did this restriction take effect?

12:01 a.m. Eastern Daylight Time on Sept. 21, 2025 (which was 10:01 p.m. Mountain Daylight Time on Sept. 20, 2025).

For how long is the presidential proclamation’s entry restriction in effect?

According to the presidential proclamation, the entry restriction will be in place for 12 months starting on Sept. 21, 2025.

What H-1B petitions does this restriction impact?

The restriction will ONLY apply to H-1B petitions filed by employers with the USCIS on or after 12:01 a.m. Eastern Daylight Time (EDT) on Sept. 21, 2025.

What does the proclamation restrict?

For all H-1B petitions filed on or after Sept. 21, 2025, the proclamation restricts the approval of new H-1B petitions for individuals outside of the United States and issuance of new H-1B visas at U.S. consulates and embassies abroad based on those petitions unless the employer has paid the $100,000 fee (or an exemption applies).

Does this restriction impact the ability of H-1B status holders who are currently in the United States to stay here?

No. The restriction does not apply to individuals who are already in the United Status in valid H-1B status. This means that:

You are not required by the proclamation to depart the U.S. if you are in the United States in H-1B status.
Your employer is not required by the proclamation to pay the $100,000 fee for you to remain in H-1B status.

If an individual has a valid H-1B visa and/or approval notice and is outside of the United States and will not return until on or after Sept. 21, 2025, will the proclamation impact them?

No. The USCIS policy guidance clarifies that the restriction requiring payment of the $100,000 fee does not apply to individuals who currently have a valid H-1B visa or are currently the beneficiary of (the employee who benefits from) an approved H-1B visa petition. Contact your ISSS advisor if you have any questions.

What do I do if I am outside the United States and I have questions?

Communicate with your ISSS advisor.

If I am in the United States and am currently in H-1B status, can I travel outside of the United States?

Yes. The USCIS policy guidance clarifies that the $100,000 fee requirement does not apply to individuals who are beneficiaries of H-1B petitions that were approved prior to Sept. 21, 2025. Please contact your ISSS advisor before making travel plans.

Does this proclamation impact H-1B petitions that were pending as of Sept. 21, 2025?

No. The proclamation does not impact H-1B petitions filed prior to Sept. 21, 2025. The policy guidance clarifies that if a H-1B petition was filed prior to Sept. 21, 2025, even if it is approved after that date, the $100,000 fee requirement does not apply.

Does the proclamation impact academic (cap-exempt) employers, or only cap-subject employers?

The proclamation does not distinguish between cap-subject and cap-exempt employers. As the proclamation is written, the restriction applies broadly to all H-1B petitions and entries, including those filed by academic institutions, research organizations, and other cap-exempt employers.

Are there any exceptions to this restriction?

An exception only exists if the U.S. Secretary of Homeland Security determines that it is in “the national interest” to have the H-1B visa holder employed in the United States and doing so “does not pose a threat to the security or welfare of the United States.”

What is required for an employer to apply for an exception?

The U.S. Secretary of Homeland Security will grant an exception to payment of the $100,000 fee in “extraordinarily rare” circumstances, when an employer demonstrates that all the following conditions are met:

The secretary determines that the presence of a particular individual in the United States as an employee in H-1B status is in the national interest; and
No “American worker” is available to fill the position; and
The individual 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 would significantly undermine the interests of the United States.

If I am in the United States in valid H-1B status, does ��ƷSM��ӰƬ have to pay the $100,000 fee to file an application with the USCIS to extend my H-1B status?

No. The “FAQ H-1B” and the updated website from the federal government state that the $100,000 fee does not apply to applications filed by employers to extend or amend an employee’s H-1B status.

If I am in the United States in another nonimmigrant status does ��ƷSM��ӰƬ have to pay the $100,000 fee to file an application with the USCIS to change my status to H-1B?

No. According to the USCIS’s updated website, the $100,000 fee does not apply if the individual being sponsored for H-1B status is in the United States in a valid nonimmigrant status (such as F or J) and USCIS approves a change of status to H-1B, even if the employee later applies for an H-1B visa at a U.S. consulate or embassy abroad.

Are my dependents who were outside of the United States as of Sept. 21, 2025, and never held H-4 status allowed to apply for H-4 visas and enter the United States without payment of the $100,000 fee?

It is unclear how and if the presidential proclamation impacts dependents of H-1B visa holders or applicants. The USCIS policy guidance suggests that dependents of individuals who are eligible for H-1B status based upon petitions pending on or approved before Sept. 21, 2025, should be eligible to apply for H-4 visas and/or enter the United States without payment of the $100,000 fee. Please contact your ISSS advisor.

Will ��ƷSM��ӰƬ pay the $100,000 fee for individuals outside of the United States who have been offered employment with CU and require H-1B visa sponsorship? Will individual units or employees be allowed to pay this from available funding sources?

University of Colorado is working on guidance and will be shared once available. No payment of the $100,000 from any source will be processed until guidance is issued.

Does the proclamation invalidate or cancel currently valid H-1B visas?

No. The proclamation does not cancel or invalidate H-1B visas that are already valid. If you currently hold an H-1B visa in your passport, that visa remains valid through its expiration date.

Does this affect other visa categories?

No. The proclamation specifically references H-1B specialty occupation workers. No additional visa categories are referenced.

International Student and Scholar Services (ISSS)

At ��ƷSM��ӰƬ, we strive to ensure you feel welcomed, respected, and well-supported. If you have questions, concerns, or just want to chat, ISSS is here for you. You are a valued part of the ��ƷSM��ӰƬ community!

Campus Resources

ISSS wants you to know you can always talk to us or use the other resources on campus.

Here are some resources we recommend:

Don’t Ignore It: Report a concern about discrimination and harassment, sexual assault, stalking, abusive conduct, classroom disruptions, and ethics concerns or refer someone you are concerned about.
Faculty and Staff: Reach out to the Faculty & Staff Assistance Program to set up a time to chat with a trained counselor.

Off

Traditional

White

Change in Department of State policy: Visa interviews required (Updated policy released 9/18/2025)

Carolyn Salter — Tue, 29 Jul 2025 15:54:29 +0000

Change in Department of State policy: Visa interviews required (Updated policy released 9/18/2025) Carolyn Salter Tue, 07/29/2025 - 09:54

Updated policy released 9/18/2025

On Sept. 18, 2025, the U.S. Department of State (DOS) changed their interview waiver policy for visa applicants. This change is effective Oct. 1, 2025. This new guidance replaces the previous guidance released on July 25, 2025.

Read Article

On July 25, 2025, the U.S. Department of State (DOS) announced a change in the interview waiver policy for visa applicants. The change is effective September 2, 2025. The updated guidance ends waivers of the visa interviews for most visa applicants.

In-person interviews will be required for the majority of visa categories (including F-1, H-1B, J-1, and O-1).
Interviews will be required for both new applicants and those applying to renew their visas.

This means that there likely will be major delays in obtaining visa appointments at the U.S. consulates and embassies abroad and in issuance of visas. Be sure to have a visa appointment scheduled prior to departing the United States if you need to apply for a new visa at a U.S. consulate or embassy in order to return.

Off