IMMIGRATION ALERT:

On Monday, October 20, 2025, the Department of Homeland Security (DHS) released new implementation guidance following a Presidential Proclamation issued on September 19, 2025, titled “Restriction on Entry of Certain Nonimmigrant Workers.”

The new policy requires an additional $100,000 payment for certain H-1B petitions filed on or after September 21, 2025, marking a significant change to the H-1B visa process.

Who Is Affected

The new payment applies to:

• New H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States without a valid H-1B visa; and
• Petitions requesting consular notification, port of entry notification, or pre-flight inspection for a worker abroad.

It also applies if USCIS determines a change of status, amendment, or extension cannot be granted—such as when a beneficiary is no longer maintaining valid status or departs before adjudication.

​Who Is Not Affected

The $100,000 payment does not apply to:

• Valid, existing H-1B visas and petitions filed before September 21, 2025;
• Petitions for individuals already in the United States seeking an amendment, change, or extension that is approved; or
• Current H-1B holders traveling internationally with valid documentation.

Payment Process

​Petitioners must pay the $100,000 fee through pay.gov before filing the H-1B petition with USCIS and include proof of payment (or a granted exception) with the petition.

Petitions subject to the payment that are submitted without this proof will be denied.

Exceptions

The Secretary of Homeland Security may grant exceptions only in extraordinary circumstances, when all of the following apply:

• The worker’s presence is in the national interest;
• No qualified U.S. worker is available;
• The individual poses no threat to national security or welfare; and
• Requiring payment would significantly undermine U.S. interests.

​Employers seeking an exception must email [email protected] with supporting documentation.

Looking Ahead

This new guidance introduces a major procedural and financial burden for employers hiring H-1B workers abroad. Employers should review their filing timelines, budget planning, and eligibility determinations carefully before proceeding with new petitions.

​📩 For updates on H-1B processing and other employment-based immigration developments, visit our Immigration Alerts page.

Track Official Updates

• Department of Homeland Security (DHS): https://www.dhs.gov
• U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov/newsroom
• White House Presidential Actions: https://www.whitehouse.gov/briefing-room/presidential-actions/
• H-1B Payment Portal: https://www.pay.gov/public/form/start/1772005176