September 22, 2025 - 4:17 PM

H-1B Update 2025

On Friday, September 19, 2025, President Trump signed an Executive Order, “Restriction on Entry of Certain Nonimmigrant Workers,” imposing a new fee on H-1B employers and entry restrictions on H-1B beneficiaries. On September 20, 2025, the U.S. Citizenship and Immigration Services and the U.S. Customs and Border Protection issued agency guidance in connection with the Executive Order. NOTE: This situation remains fluid, and we will provide more guidance as updates occur.

Key Takeaways

  • The U.S. Citizenship and Immigration Services Memorandum states that the Executive Order “only applies prospectively to petitions have not yet been filed” and does not apply to beneficiaries of “petitions that were filed prior to the effective date, beneficiaries of currently approved petitions” or those already in possession of an H-1B visa.
  • New H-1B petitions submitted after 12:01 a.m. EDT on September 21, 2025 must be accompanied by a payment of $100,000, subject to exceptions. No details are available about potential exceptions at this time. NOTE: There is no implementation of this new H-1B fee as of today.  The USCIS memo issued after the Executive Order states it will only apply to new H-1B petitions.  While this new H-1B fee was announced by Executive Order, typically new immigration fees must first go through a formal process within the U.S. government, before they can go into effect.  Also, a proposed immigration fee that does not go through the formal process will be subject to litigation in the courts.  Therefore, we expect to receive clarification about the new fee, and will report on this proposed fee and the actual implementation of it once we have more information.
  • Affected H-1B beneficiaries attempting to enter the U.S. after 12:01 a.m. EDT on September 21, 2025 must show that their petition was accompanied by a $100,000 fee.  The travel restriction is set to expire 12 months from 12:01AM EDT September 21, 2025, but may be extended. There are reports that the new fee will not apply to persons who already have an H-1B visa, and persons with H-1B visas have been able to enter.  However, we advise that those needing to travel to the U.S. hold off until we obtain further information.
  • The Secretary of Labor is directed to revise prevailing wage levels impacting nonimmigrant workers.
When does the $100,000 fee requirement begin?

At 12:01 AM Eastern Daylight Time on September 21, 2025. “New” petitions filed on or after this effective date will be required to submit the $100,000 fee. The USCIS has stated that “renewal” petitions will not be subject to the fee.

Which filings are subject to the fee?

New H-1B petitions filed on or after 12:01 AM Eastern Daylight Time on September 21, 2025 including for beneficiaries selected in the 2026 H-1B registration.

Who is not subject to the fee?

• Petitions filed before Sept. 21, 2025 
• Beneficiaries of approved petitions 
• Beneficiaries who possess a valid H-1B visas (even if abroad after September 21, 2025) 
• Existing visa holders reentering to the U.S. with valid H-1B visas 
• Extensions or amendments for beneficiaries inside the U.S.

Does this change affect H-1B holders currently inside the U.S.?

No. Those in valid H-1B status inside the U.S. are not impacted.

What about renewals, extensions, or transfers?

USCIS guidance suggests only new petitions filed on/after September 21, 2025 are subject. Extensions, renewals, and amendments for individuals already maintaining status appear exempt. Change-of-employer petitions should be assessed on a case-by-case basis.

What is a “national interest” exemption?

The Proclamation allows DHS to grant exemptions for individuals, employers, or industries deemed to be in the national interest, provided it does not harm U.S. security or welfare. Standards and procedures are not yet defined.

How will the $100,000 fee be paid / submitted?

Implementation details are not yet available. USCIS is expected to issue further guidance on payment methods, documentation, and timing.

Is the fee permanent?

No. The Proclamation is valid for 12 months from Sept. 21, 2025, unless extended.

What should employers do now?

Employers should review filings, consider upgrading to premium processing petitions currently under review, prepare budgets, reassess travel, and consult immigration counsel.

What if a foreign national has an approved I-797 H-1B petition but does not yet have a visa stamp?

If the petition was filed and approved before Sept. 21, 2025, the $100,000 fee does not apply. The USCIS memo confirms the rule is prospective only. The consulate should issue the visa without requiring the fee. As we are in the early stages of implementation, coordinating with counsel and monitoring guidance are strongly recommended.

Could leaving the U.S. after Sept. 21 trigger the restriction?

The Executive Order’s language suggested that reentry might be barred without payment of the fee. However, USCIS clarified that beneficiaries of approved petitions and holders of valid visas are exempt, even if they travel after Sept. 21. Nonetheless, in these early days of implementation, non-essential international travel should be avoided to reduce the risk of misapplication of the Executive Order.

As we monitor announcements and developments on the implementation of this Executive Order, we advise H-1B beneficiaries to refrain from all international travel. Please do not hesitate to contact your attorney at BHLG LP with questions or concerns.

Resources: