Understanding the New $100,000 H-1B Payment Requirement

A new presidential proclamation was signed on September 19, 2025, and it will take effect on September 21, 2025. This proclamation introduces a $100,000 payment requirement for most new H-1B petitions. This order could dramatically reshape the H-1B program and may even make it inaccessible for many companies and workers. You can find this proclamation here.

Key Takeaway

Only employers willing to pay an additional $100,000 per petition will be able to bring new H-1B workers to the United States from abroad.

Who Is Affected?

H-1B Applicants Outside the United States

If you are currently abroad and waiting for an H-1B petition, your employer must pay the $100,000 payment for your petition to move forward. If no payment is made, your petition will not be approved.

Pending H-1B Visa Applicants at U.S. Consulates

If a visa interview is already scheduled or your application is pending, the consulate will not issue your H-1B unless the $100,000 payment requirement is met. This could result in visas being refused or placed on hold until the employer complies.

Current H-1B Workers Already in the U.S.

Current H-1B workers in the U.S. will not be affected by this proclamation. It does not impact those already on H-1B status seeking extensions, amendments, or transfers to another employer within the United States. The rule focuses on entry restrictions for workers outside the U.S.

H-1B Employers

Employers must pay the $100,000 “proclamation fee” in addition to existing USCIS filing fees and attorney costs when hiring H-1B employees from abroad. They must also retain proof of this payment to pass consular checks.

Exceptions to the Proclamation

The exceptions to the $100,000 payment restriction for H-1B entry mostly hinge on the Secretary of Homeland Security’s discretion. If allowing certain aliens or groups of aliens to work in specialty occupations is deemed to serve the national interest and poses no threat to U.S. security or welfare, exemptions may be granted. This means:

• The Secretary may exempt individual aliens, all aliens working for a particular company, or all aliens in a specific industry if their employment is beneficial to the U.S. economy, public safety, or national priorities.

  
  

• These national interest exceptions (NIE) typically apply to cases where the worker’s contribution is critical in areas like advanced research, healthcare, technology innovation, or other sectors vital to U.S. interests.

  
  

• Such exemptions are not automatic but require a formal determination by the Department of Homeland Security.

  
  

• Historically, similar proclamations and DHS guidance have listed factors such as employment in healthcare, critical infrastructure, government research, or continuing employment of individuals already in the U.S. as grounds for exemption.

  
  

Thus, companies or individuals who believe they qualify for a national interest exemption (NIE) must seek a DHS determination that their hiring is in the national interest to bypass the $100,000 fee and related restrictions. This balances protecting U.S. labor interests while allowing essential workforces to enter.

The Secretary of Homeland Security's Discretion

The Secretary of Homeland Security retains the power to waive the $100,000 requirement when an H-1B hire is deemed in the national interest or important for critical industries. However, this is discretionary and uncertain.

Additional Rule Changes to Expect

Higher Prevailing Wages

The Department of Labor will be directed to propose a rule to revise the prevailing wage levels for H-1B jobs. Employers may be required to pay significantly more to H-1B workers than under current thresholds. This rulemaking would prioritize H-1B visas for workers in high-wage, high-skill roles. Consequently, lower-paid H-1B positions could be increasingly disfavored or even phased out.

Preventing Misuse of B Visas by H-1B Beneficiaries

The Secretary of State will issue guidance, as needed and within legal limits, to stop misuse of B visitor visas by beneficiaries of approved H-1B petitions with employment start dates before October 1, 2026. This guidance aims to ensure that individuals with valid H-1B approval do not use B visas improperly to enter the U.S. for work before their authorized start dates.

Why This Matters

This proclamation could, in effect, gut the H-1B program for cost-sensitive employers such as startups, small tech companies, universities, and research labs. If enforced as written, the program may only remain accessible for deep-pocketed corporations able to afford the massive $100,000 surcharge per worker.

Summary

The $100,000 H-1B payment proclamation is poised for intense judicial scrutiny, with multiple lawsuits filed to block it. Legal arguments center on presidential overreach, procedural flaws, economic harm, and disproportionate impact. Courts have, in recent years, shown a willingness to block extreme executive immigration restrictions, offering hope to affected workers and employers. However, the outcome remains uncertain, and legal battles may take months or years.

We will have more clarity on this in the days to come. FAQs from the White House will provide more clarity on how this will be implemented. It must be noted that immigration attorneys are preparing to file lawsuits against this proclamation.