Chicago Immigration Lawyer Blog
The U.S. immigration landscape is shifting again for H-1B workers and employers. On September 19, 2025, the President issued a Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, a significant policy change aimed at reforming the H-1B visa program. Under this directive, certain H-1B petitions filed on or after 12:01 a.m. Eastern time on September 21, 2025 must include an additional $100,000 payment as a condition of eligibility.
USCIS has now issued more instructions interpreting the Proclamation. Employers and foreign professionals must understand how this new requirement works .
Who Must Pay the $100,000
The new payment requirement applies to several common filing scenarios. You must pay if:
- You file a new H-1B petition for a beneficiary outside the United States who does not already have a valid H-1B visa.
- You request consular processing, port of entry notification, or pre-flight inspection for a foreign national currently in the U.S.
- You file for a change of status, amendment, or extension, and USCIS later determines that the worker is ineligible (for example, because they were not in valid status) or the worker leaves the U.S. before USCIS decides the petition.
In these cases, the $100,000 payment becomes mandatory and must be submitted according to USCIS instructions.
When the Payment Is Not Required
Not all H-1B filings will trigger the new payment. The Proclamation does not apply when:
- The beneficiary already holds a valid H-1B visa, or the petition was filed before September 21, 2025.
- The petition requests a change of status, amendment, or extension for a worker inside the United States and USCIS approves the request.
- A beneficiary with an approved petition later travels abroad and reenters the U.S. using a current, valid H-1B visa based on that petition.
Importantly, the Proclamation does not revoke existing visas. Current H-1B holders remain free to travel internationally and reenter the United States.
How and When to Pay
The $100,000 payment must be made before filing the petition with USCIS. Petitioners must:
- Submit payment through pay.gov following the posted instructions.
- With the H-1B petition, include proof of payment or documentation of an exception granted by the Secretary of Homeland Security.
USCIS has made it clear that if a petition is subject to the payment but filed without proof, the agency will deny the case.
Rare Exceptions to the Payment Requirement
Exceptions to the $100,000 payment are possible but according to the interpretation, will be extremely rare. The Secretary of Homeland Security may grant an exception only if all the following are true:
- The worker’s employment is in the national interest.
- No qualified U.S. worker is available to fill the role.
- The foreign worker poses no security or welfare risk.
- Requiring the payment would significantly undermine U.S. interests.
Employers seeking an exception must email a detailed request and supporting documentation to H1BExceptions@hq.dhs.gov
What Employers Should Do Now
This Proclamation represents one of the most significant changes to the H-1B program in decades. Employers should act to
- Review workforce plans to anticipate and budget for potential $100,000 payment obligations.
- Assess petition strategies, including timing and whether a change of status or consular processing is more advantageous.
- Avoid triggering payment requirements by ensuring beneficiaries remain in valid status and do not travel before USCIS decides a change-of-status petition.
Consult legal counsel early to identify potential eligibility for exceptions and prepare robust supporting documentation.
Zneimer & Zneimer Can Help
The attorneys at Zneimer & Zneimer have extensive experience guiding employers and foreign professionals through complex H-1B matters. We can help you determine whether the new payment requirement applies to your case, develop a cost-effective exemption filing strategy, and prepare persuasive exception requests when appropriate.
For strategic guidance on how this policy may affect your workforce or immigration plans, contact our office to schedule a consultation.