On October 20, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued important clarifications regarding the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. Notably, USCIS detailed the categories of petitions that are and are not subject to the $100,000 fee. 

The following petitions are not subject to the fee:

1. Previously issued and currently valid H-1B visas
2. Individuals seeking to reenter the United States on a current H-1B visa
3. Any petitions submitted prior to 12:01 a.m. ET on September 21, 2025
4. Petitions filed at or after 12:01 a.m. ET on September 21, 2025, requesting an amendment, change of status, or extension of stay for a beneficiary who is already inside the United States. These individuals are also exempt from the fee if they depart the United States for consular processing based on an approved petition.

The fee will apply to:

• New H-1B petitions filed at or after 12:01 a.m. ET on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.
• Petitions filed at or after 12:01 a.m. ET on September 21, 2025, requesting a change of status or amendment or extension of stay where USCIS determines that the beneficiary is ineligible for a change of status or an amendment or extension of stay (i.e., is not in a valid nonimmigrant visa status or if the foreign national departs the United States prior to adjudication of a change of status request).

National Interest Waiver
Lastly, USCIS clarified the criteria for petitioners seeking exemption from this fee under the National Interest Waiver. Petitioners must show that (1) the beneficiary’s presence in the United States is in the national interest; (2) no American worker is available to fill the role; (3) the beneficiary does not pose a threat to the security or welfare of the United States; and (4) the payment would significantly undermine the interest of the United States. Petitioners may request this waiver by sending a request and supporting evidence to H1BExceptions@hq.dhs.gov.

Please reach out to us if you have any questions. 

This Insight is an update to a previous article by Amy Largacha Cedeno: 

Proclamation Alters New H-1B Visas