On September 19, 2025, President Donald J. Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” introducing significant changes to the H-1B visa program. The new rule, which includes a $100,000 fee for certain H-1B petitions, has created confusion and concern for both employers and foreign workers. At Raju Law, we are committed to helping our clients stay informed about these changes and understand how they might impact their cases and business operations.
In this post, we’ll provide a comprehensive overview of the clarifications that have emerged regarding the new rules, what is still unclear, and how these changes are being perceived by the industry.
Key Details of the New H-1B Proclamation: What’s Clear
1. The $100,000 Fee for New H-1B Petitions
The most significant change is the introduction of a $100,000 fee for all new H-1B petitions filed for individuals outside the United States. This includes petitions for the 2026 H-1B lottery and any other new H-1B petitions filed after September 21, 2025.
- Effective Date: The new rule takes effect on September 21, 2025, 12:01 AM ET.
- Fee Structure: The fee is one-time, and it applies only to new petitions for individuals seeking to enter the U.S. under H-1B status for the first time.
- Exemption for Current Holders: H-1B renewals or extensions for individuals already in the U.S. are not subject to the new fee. Current holders can also travel freely without facing the fee. (whitehouse.gov)
2. Clarity on 2025 Lottery Winners
Individuals selected in the 2025 H-1B lottery are not affected by the new fee. They can proceed with their visa applications without any additional costs, which is a relief for those who were concerned about the potential financial burden.
3. One-Time Fee, Not Annual
The $100,000 fee is a one-time payment and will not be required again for renewals or extensions of the same H-1B visa. This has been confirmed by both the proclamation and the FAQ, providing clarity for both employers and workers on the long-term cost implications. (whitehouse.gov)
What’s Still Unclear: Areas Requiring Further Clarification
1. H-1B Job Transfers
The $100,000 fee applies to new petitions but does not provide clear guidance on H-1B job transfers (when an H-1B worker changes employers). It is unclear whether a job transfer will be treated as a new petition and thus subject to the fee. Employers and workers considering job changes should consult an immigration attorney for more information.
2. Impact on H-4 Dependents
There is no mention of how the new fee will impact H-4 visa holders (dependents of H-1B workers). This leaves many questions unanswered regarding whether H-4 visa applications or H-4 EAD renewals will incur the new fee. Further clarification from USCIS and the Department of State is expected.
3. Cap-Exempt Workers
The proclamation does not specify whether cap-exempt H-1B workers (such as those employed at institutions of higher education or nonprofit research organizations) will be subject to the $100,000 fee. These employers may be impacted differently, and we recommend waiting for additional guidance on how these exemptions apply.
White House Assurance and Industry Reactions
Karoline Leavitt’s Assurance on Current H-1B Holders
To ease concerns, White House Press Secretary Karoline Leavitt reassured the public via X (formerly Twitter) that current H-1B visa holders will not be charged the $100,000 fee upon reentry. She emphasized that existing workers can travel freely and re-enter the U.S. without being affected by the new fee.
While these assurances were aimed at calming fears, the response from workers and companies has been mixed. Many are still uncertain about the long-term consequences of the rule, especially for future hires. It appears that these reassurances have not significantly changed the anxiety surrounding the new fee.
Tech Industry's Response: Amazon, Google, and Microsoft
In response to the changes, major tech companies like Amazon, Google, and Microsoft have advised their H-1B employees to return to the U.S. before the new rule takes effect. The concern is that the new $100,000 fee will disrupt the process of hiring foreign talent, particularly in industries that rely heavily on skilled workers from abroad.
These companies have warned that the increased cost of hiring foreign talent and the uncertainty surrounding reentry could significantly affect their workforce planning. The warning to return to the U.S. before September 21st highlights the concern that the new rule could impact the mobility of essential workers in industries like technology and healthcare. (The Verge)
What Should Employers and Workers Do Now?
For Employers:
- Budget Considerations: Be prepared for the $100,000 fee when hiring new H-1B workers from abroad. It’s crucial to factor this into your hiring budget.
- Alternative Visa Options: Consider other visa categories such as O-1, L-1, or E-2 if you are looking for alternatives to the H-1B route.
- Compliance: Ensure that all documentation is in place to verify payment of the new fee when filing H-1B petitions for new employees.
For Current H-1B Holders:
- Travel Flexibility: You can travel freely without being impacted by the new fee upon reentry. There is no need to worry about the $100,000 fee for current holders, as it only applies to new petitions.
- Renewals: Your renewal applications are not subject to the new fee, which makes the renewal process more straightforward.
- Stay Informed: Keep an eye out for any future updates or clarification regarding reentry, especially if you plan to travel internationally.
For Prospective H-1B Applicants:
- Plan Ahead: If you’re applying for the 2026 H-1B lottery, ensure you’re prepared for the $100,000 fee. We recommend starting your preparation early.
- Consult Legal Experts: Work with an immigration attorney to navigate the complexities of the petition process and stay on top of any changes.
Conclusion
The $100,000 fee for H-1B petitions represents a monumental change in the visa landscape, especially for new applicants. While clarifications have been made regarding renewals, extensions, and the one-time nature of the fee, significant uncertainty remains about job transfers, H-4 dependents, and cap-exempt workers.
At Raju Law, we are actively monitoring these updates and will continue to provide guidance to ensure our clients are prepared. If you have questions about how these new rules may affect your business or immigration plans, please don’t hesitate to reach out for a personalized consultation.
