Latest on Proclamation Implementing $100,000 H1B Fee

Following the implementation of the presidential proclamation imposing a $100,000 fee on certain H1B petitions effective September 21, 2025, additional clarity has emerged regarding who is subject to the fee and who is exempt. However, significant questions remain about the proclamation’s scope and application, and legal challenges to the policy are currently pending in federal court.

Who Is Subject to the Fee

There are two main categories of individuals who are clearly subject to the $100,000 fee. First, it applies to individuals located outside the United States at the time of filing for whom first-time H1B petitions are filed on or after September 21, 2025. Second, the fee applies to individuals applying for visitor visas who have approved H1B petitions.

This means that employers seeking to sponsor foreign nationals abroad for new H1B positions must pay the substantial fee as part of the petition process.

Who Is Not Subject to the Fee

Several important categories of H1B cases appear to be exempt from the $100,000 fee. Individuals with H1B petitions that were filed before September 21, 2025, are not subject to the fee regardless of their current location. Additionally, individuals with valid H1B visas remain exempt and they may continue to travel on that visa without triggering the fee requirement.

H1B extensions, amendments, and change of employer petitions for individuals who are already in H1B status and remain in the United States appear to also not be subject to the fee.

Remaining Areas of Uncertainty

Despite the clarifications provided since the proclamation’s implementation, numerous questions remain about how the fee applies in specific situations. For example, it is not entirely clear whether individuals currently in H1B status will be exempt if they travel after being granted an H1B amendment or change of employer.

Additional uncertainty exists regarding the mechanics of fee collection and the waiver processes. The Administration has indicated the process related to this fee will go into effect by February 2026. So, it may be some time before the specifics of the rule are clarified.

Legal Challenge Pending

As previously reported, a lawsuit has been filed challenging the validity of the presidential proclamation. Based on the legal arguments presented, the challenge appears to have a reasonable prospect of success.

Conclusion

While additional clarity has emerged regarding the scope of the $100,000 H1B fee, substantial questions remain about its application in various scenarios. The pending legal challenge adds further uncertainty to the policy’s long-term viability. The Murthy Law Firm will continue to monitor developments, including any implementing guidance from federal agencies and progress in the ongoing litigation, and will provide updates as more information becomes available.

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