On September 19, 2025, President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” triggering major concerns across U.S. businesses and immigration circles. The order imposes a $100,000 supplemental fee on many new H‑1B petitions filed on or after September 21, 2025, and explicitly directs USCIS to deny petitions unless proof of payment or a rare national-interest waiver is submitted.
For employers already navigating a complex visa system, this new financial requirement introduces added uncertainty, especially for companies hiring global talent for the first time. In this column, we explain which petitions are affected, how the fee must be paid, what exceptions exist, and how legal action may impact the rule’s future.
Who Must Pay the $100,000 Fee?
The fee applies only to new H‑1B petitions that:
- Are filed on or after September 21, 2025, and
- Involve beneficiaries outside the United States, or
- Request consular or port-of-entry processing.
Petitions submitted under these conditions must include a Pay.gov receipt for the $100,000 payment, or the petition will be rejected.
The fee does not apply if:
- The petition is a change of status, extension, or amendment filed for someone already present in the U.S., and
- It does not request consular processing.
It’s essential that employers confirm the beneficiary’s location and processing method before filing. Even if a worker is already employed abroad by a U.S. affiliate, requesting consular notification will trigger the fee.
How to Pay—and Avoid Petition Denial
USCIS has provided strict instructions:
- Pay the $100,000 via Pay.gov prior to filing the Form I-129.
- Include the payment receipt with the petition package.
- Continue to pay all standard USCIS filing fees, including the base fee, fraud fee, ACWIA training fee, and registration fee.
Missing or incomplete documentation will result in automatic denial of the petition. Employers must budget for the full cost and coordinate closely with HR or immigration counsel to prevent costly rejections.
Are There Any Exceptions?
Yes—but only in extraordinary cases. According to the proclamation and USCIS guidance, a national-interest waiver may be granted if:
- The beneficiary’s work is deemed critical to U.S. national interest;
- There is no qualified U.S. worker for the role; and
- Imposing the fee would harm U.S. economic or security interests.
USCIS has stated that such waivers will be “extraordinarily rare.” Employers must submit a written request to DHS in advance and receive approval before filing. Without this, they should assume the fee is required.
What About Petitions Filed Before the Rule Took Effect?
Any H‑1B petition filed before 12:01 a.m. ET on September 21, 2025 is grandfathered in and exempt from the $100,000 fee, even if the beneficiary is abroad or consular processing was requested. However, if a petition was submitted on or after the effective date, the new rule applies in full.
Legal Challenges and the Outlook
On October 16, 2025, the U.S. Chamber of Commerce, joined by multiple industry groups, filed a lawsuit in federal court alleging that the proclamation exceeds presidential authority and imposes unlawful burdens on employers.
The government must respond by November 28, 2025, and a court decision on a preliminary injunction is expected in December. If granted, the injunction could temporarily suspend the fee requirement. However, as of November 3, USCIS is still enforcing the proclamation.
Employers considering new filings must carefully weigh the timing, cost, and legal landscape. Some are choosing to proceed and pay the fee, while others are delaying filings or restructuring positions to qualify under exemptions.
How This Rule Affects Employers and Skilled Workers
This policy disproportionately affects first-time H‑1B sponsorships—especially for foreign professionals not currently in the U.S. Many growing businesses rely on overseas hiring for specialized roles in STEM, finance, healthcare, or R&D. For these companies, the $100,000 payment is not merely a regulatory burden but a barrier to competitiveness.
Workers, too, face greater uncertainty. A petition filed without full compliance can be denied, derailing career plans or delaying critical project timelines. Clear communication between employer and applicant is key.
Practical Filing Checklist
– Confirm beneficiary’s location and whether consular processing is required.
– Determine whether your case qualifies for a national-interest exception.
– Submit the $100,000 payment via Pay.gov if required.
– Include the Pay.gov receipt and all standard USCIS forms and fees.
– Track the pending lawsuit and consult legal counsel for strategy.
Need Help Navigating the H‑1B Process?
At Song Law Firm, we help employers and professionals stay ahead of immigration changes. Whether you’re preparing a new H‑1B petition, evaluating a waiver, or adjusting your hiring strategy, our experienced attorneys can help you file properly, minimize risks, and stay informed.
Tel. 201‑461‑0031
Email: immigration@songlawfirm.com
Contact us today to schedule a consultation and get clear answers tailored to your immigration goals.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Policies and court rulings may change. For specific guidance, consult a qualified immigration attorney.
