(Originally posted on October 8, 2025, with new information added on January 16, 2026)

On September 19, 2025, President Trump issued a proclamation which adds a new $100K entry fee to new H-1B petitions filed on or after September 21, 2025, for beneficiaries who are outside of the United States. The text of the proclamation can be found here: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/ The White House FAQ can be found here: https://www.whitehouse.gov/articles/2025/09/h-1b-faq/

This new fee does not apply to:

1. Candidates/employees who are in the US in valid status and remain in the US, who apply for an H-1B change of status/amendment/extension, after September 21, 2025.
2. Existing H-1B approvals filed prior to September 21, 2025.
3. Those with pending H-1B petitions filed prior to September 21, 2025.
4. Those with H-1B visas in their passports prior to September 21, 2025.
5. Those who plan to go for visa stamping based on a petition filed or approved prior to September 21, 2025.
6. Those who have H-1B approvals within the US, for petitions filed on or after September 21, 2025, who later depart the US, go for visa stamping at a US consulate abroad, and reenter in H-1B status.

The new fee should not apply to H-1B Cap petitions in 2026, if the candidate is in the US in valid status and applies for a change of status, rather than for consular processing, and it should continue to not apply to H-1B transfers, amendments and extensions for employees who are in the US.

The original government guidance on this was unclear if the entry fee would apply to those who have H-1B approvals within the US, for petitions filed on or after September 21, 2025, who later want to depart the US and reenter in H-1B status. USCIS has subsequently clarified that the $100K fee does not apply to such cases.

The USCIS supplementary Memo can be found here: https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf

The CBP Memo is on X: https://x.com/CBP/status/1969512486627095007

The USCIS confirmation that the $100,000 entry fee does not apply to petitions filed after September 21, 2025, that is requesting an amendment, change of status, or extension of stay for a foreign national inside the United States where the foreign national is granted such amendment, change, or extension. Further, a beneficiary of such petition will not be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa. https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

If you are an employer considering petitioning for an H-1B worker and have questions, please contact Ostrom Law Office for a consultation.