Chicago Immigration Lawyer Blog
The recent presidential proclamation imposing a $100,000 fee on certain H-1B petitions has caused alarm among employers, workers, and their counsel. At Zneimer & Zneimer, P.C., we want our clients to understand the scope of this rule, why it applies only to entry, and what risks arise when a worker changes employers and later travels abroad.
Authority under INA § 212(f)
The proclamation rests on INA § 212(f), 8 U.S.C. § 1182(f), which empowers the president to “suspend the entry of all aliens or any class of aliens” or impose “any restrictions” deemed appropriate on their admission. Importantly, this power governs entry at the border, not the status of people who are already inside the United States. By its terms, the proclamation:
- Applies to foreign nationals outside the U.S. seeking to enter after the effective date after 12:01 AM (ET) on September 21, 2025
- Does not apply to extensions of status or change-of-status petitions filed while the worker remains inside the United States.
- Does not alter the validity of previously approved H-1B petitions or visas.
USCIS and CBP have both confirmed that the rule is entry-focused as it imposes a condition of admission, not a retroactive obligation for individuals already maintaining lawful status in the U.S.
What Happens with New Petitions and Travel?
A thorny question arises under the Proclamation when a worker already in the U.S. changes status to H-1B or is already in H-1B and changes employers after the effective date of the proclamation. In both cases, the filing will be a new H-1B petition on behalf of the foreign worker. Suppose a beneficiary has a valid H-1B petition and a subsequent employer files a new petition (“H-1B transfer”). While the worker remains in the U.S., the proclamation does not apply based on its express terms:
Section 1. Restriction on Entry.
(a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted….
(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States….
See, Restriction on Entry of Certain Nonimmigrant Workers, Presidential Proclamation (Sept. 19, 2025), issued under INA §§ 212(f) and 215(a), 8 U.S.C. §§ 1182(f), 1185(a).
Let’s parse this language.
Textual Analysis Continue reading →