USCIS Clarifies New H-1B Visa Rules Effective Sept 21, 2025
TL/DR –
A Presidential Proclamation has introduced a $100,000 supplemental fee for H-1B petitions filed for workers outside the U.S. from September 21, 2025. The proclamation does not apply to aliens who are beneficiaries of petitions filed prior to the date or possess valid H-1B non-immigrant visas. It advises H-1B workers without a valid visa as of September 20, 2025 to refrain from international travel or risk being unable to reenter the U.S., and does not impact extensions and amendments for individuals currently in the U.S.
USCIS Update on Proclamation Impacting H-1B Petitions
As of 6:00 p.m. Eastern, September 20, 2025, USCIS has clarified that the proclamation applies only to H-1B petitions not yet filed. Aliens who hold currently approved petitions, or H-1B non-immigrant visas validly issued prior to the effective date, are exempt from the proclamation. This does not affect the ability of any current visa holder to travel into or out of the United States. For more information, refer to the Action Decision Memorandum- HQ Other.
New Presidential Proclamation & Impact on H-1B Petitions
As per a Presidential Proclamation, effective 12:01 a.m. EDT, September 21, 2025, H-1B petitions for workers outside the U.S. will necessitate a $100,000 supplemental fee per petition. This impacts international travel for visa processing/renewals. H-1B workers without a valid visa as of September 20, 2025, should avoid international travel or risk being unable to reenter the U.S. Refer to the Restriction on Entry of Certain Nonimmigrant Workers for further details.
Despite a lack of fee payment instructions, DHS and DOS are tasked to verify the employer’s $100,000 fee payment prior to approving any H-1B visa application or USCIS petition. Unless halted by a court order, the Proclamation will be in effect till September 21, 2026, subject to extension.
Guidelines for Affected H-1B Employers & Employees
H-1B workers planning international travel or presently outside the U.S. should postpone till further clarification on entry restrictions. Extensions and amendments for individuals in the U.S. remain unaffected. H-1B beneficiaries intending to use B-1/B-2 or ESTA before October 1, 2026, should be aware of increased scrutiny by DOS. Consult a Baker Donelson immigration attorney for advice.
Employers are advised to follow the Proclamation until further guidance is issued. Communication about visa issuance delays, denials, and significant travel delays when reentering the U.S. is crucial for employees currently outside the U.S.
Noteworthy Points of the Proclamation
H-1B CAP-exempt employers are not specifically exempted from the fee, but industries considered in the national interest of the U.S. may be exempted from the additional $100,000 entry fee. The Department of Labor is required to prepare new regulations to raise prevailing wage levels with DHS to prioritize approval of higher-paid H-1B workers.
While the H-1B visa program including alternative petition pathways such as national interest exemptions remain active, further guidance from the Administration is anticipated. Legal challenges to this proclamation are expected. Reach out to a Baker Donelson immigration attorney for assistance navigating the reentry of employees outside the U.S. post the effective date of the Proclamation.
—
Read More Health & Wellness News ; US News