On Friday night, September 19, 2025, President Trump signed a Proclamation implementing a $100,000 fee for many H-1B petitions filed after 9/21/25. This wrought havoc throughout the world among H-1B foreign nationals and their employers. There are still many unanswered questions, and we will update this Alert as they are answered by USCIS and the Department of State.

For now, anyone with a petition filed before 9/21/25 is not impacted and anyone with a valid H-1B visa is not impacted. The big questions are whether the fee will apply to cap exempt petitions, to petition renewals, to health care workers and non-profit organizations.

USCIS issued guidance on Sunday, 9/21/25, and here are the key points from the USCIS FAQ Clarifications:

Prospective Application:
The proclamation applies only to H-1B petitions that have not yet been filed as of September 21, 2025.

No Impact on Current Holders:
Existing H-1B visa holders, whether in the U.S. or traveling abroad, are not affected by the proclamation and do not need to pay the fee to return or maintain their status.

One-Time Fee:
The $100,000 is a single payment, not an annual fee, and is tied to the filing of new petitions.

Affects New Filings:
The fee applies to applications for the 2026 H-1B lottery and any other new filings submitted after September 21, 2025.

Clarifies Previous Guidance:
The USCIS FAQ document provides important clarity on the effective date and scope of the presidential proclamation, alleviating concerns about its impact on existing H-1B workers and approved petitions.

No Change to Travel Authorization:
The proclamation does not restrict the ability of current visa holders to travel to or from the United States.

Goal of the Proclamation:
The new measure aims to curb abuses in the H-1B program and protect the interests of American workers.

Impact on Physicians

According to bloomberglaw.com, White House spokesman Taylor Rogers suggested that physicians and medical residents may be exempt. It is not clear whether such exemption would require each H-1B petition to prove that the $100,000 exemption is in the national interest or whether an industrywide exemption would be granted. Employers are encouraged to contact their Congressperson and Senators, as well as health care associations on a state and national level to tell of the devastating effects the “tax” would have on hiring physicians.

It is expected that the Impact Litigation Group will be filing a lawsuit immediately. Please let us know if you want to be a plaintiff.

Open questions include:

Whether the tax will apply to changes of status, extensions of status and change of employer petitions.

Whether those H-1B petitions filed after 9/21/25 and granted H-1B status with an national interest exemption will be able to travel and apply for H-1B visas. If so, will consular officers put applications into administration processing to repeat the NIE exemption.

If you wish to consult with us about this or other immigration matters, to schedule a consultation with Jan click here or schedule an appointment with Sandra click here.