Significant Update to $100,000 H-1B Payment Proclamation: October 20, 2025
As you may be aware from our previous alerts, on September 19, 2025, President Trump signed Presidential Proclamation 10973 “Restriction on Entry of Certain Nonimmigrant Workers,” which became effective on September 21, 2025.
On October 20, 2025, USCIS published significant updates and guidance on its website regarding who the Proclamation applies to and how and when to make the payment. The guidance states that the Proclamation applies to:
beneficiaries who are outside the U.S. and do not have a valid H-1B visa at the time that their H-1B petition is approved;
beneficiaries of H-1B petitions filed after the Proclamation effective date that request consular notification, port of entry notification, or pre-flight inspection; and
beneficiaries of H-1B petitions filed after the Proclamation effective date who receive a denial for their request to change, amend, or extend their stay and must undergo consular processing to complete their H-1B process.
Importantly, USCIS’s October 20, 2025, update specifically provides that the Proclamation does not apply to:
Any previously issued or currently valid H-1B visas;
Any H-1B petition submitted prior to September 21, 2025;
Any H-1B petition submitted on or after September 21, 2025, that requests an amendment, change of status, or extension of stay for a foreign national inside the U.S. Furthermore, the update provides that a foreign national beneficiary of such a petition will not be subject to the payment if they then depart the U.S. and apply for an H-1B visa abroad based on that approved petition and/or seek reentry to the US on a current H-1B visa.
USCIS also provided the link for submitting the $100,000 payment and confirmed that the payment should be made via pay.gov prior to filing the H-1B petition with a USCIS Service Center.
Finally, USCIS’ website posting provided information on how employers can request an exception to the Proclamation. The update states that in “extraordinarily rare circumstances,” the Secretary of Homeland Security may exempt a petition from the payment if the petitioner can establish:
The H-1B worker presence in the U.S. is in the national interest,
No American worker is available to fill the role,
The H-1B worker does not pose a threat to the security or welfare of the U.S., and
Requiring the petitioning employer to make the payment on the beneficiary’s behalf would significantly undermine the interests of the U.S.
Prior to filing the H-1B petition, petitioning employers must send a request and all supporting evidence to H1BExceptions@hq.dhs.gov. There is no further guidance on how long this request will take, or specific examples of the type of supporting evidence required.
We will continue to provide updates as we receive them.