On October 20, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued further guidance and clarification regarding the September 19, 2025 Presidential Proclamation on H-1Bs entitled Restriction on Entry of Certain Nonimmigrant Workers, particularly relating to who is subject to the $100,000 fee. This alert is provided to further clarify our September 22, 2025 analysis.
Notably, the guidance clarifies that the Proclamation does not apply to any petition filed before 12:01am EDT on September 21, 2025, including consular notification petitions. It also does not apply to H-1B change of status, amendment, or extension of stay petitions filed at or after 12:01am EDT on September 21, 2025 and approved for beneficiaries who are inside the United States.
The Proclamation also does not apply to beneficiaries of such approved H-1B petitions (any H-1B petitions filed before 12:01am EDT on September 21, 2025 and H-1B amendment, change of status, extension of stay petitions filed at or after 12:01am EDT on September 21, 2025) if they depart the United States and apply for an H-1B visa based on the approved petition, and/or seek to reenter the U.S. on a currently valid H-1B visa.
Please note that if a petition requests change of status, amendment, or extension of stay and USCIS determines that the beneficiary is ineligible for such request (e.g. due to not maintaining valid nonimmigrant status or departure from the U.S. prior to adjudication), but the petition is approved for consular notification, then the Proclamation will apply and payment will be required according to instructions provided by USCIS.
For further details and additional guidance, including how and when to make the $100,000 payment, please see H-1B Specialty Occupations | USCIS under “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.” This update was prepared by Melissa O. Nonaka, Senior Associate Attorney – Larrabee Albi Coker LLP
This update was prepared by Melissa O. Nonaka, Senior Associate Attorney – Larrabee Albi Coker LLP