USCIS Confirms $100K H-1B Fee Applies Only to New Petitions Filed After Sept. 21
U.S. Citizenship and Immigration Services (USCIS) confirmed in an internal memorandum on Saturday that President Donald Trump’s newly signed proclamation imposing a $100,000 fee on H-1B visas will apply only to new petitions filed after Sept. 21, 2025, and will not affect current visa holders.
The memorandum, issued by USCIS Director Joseph B. Edlow, clarified that the proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” targets only prospective filings.
“This proclamation only applies prospectively to petitions that have not yet been filed,” the guidance stated. “The proclamation does not impact the ability of any current visa holder to travel to or from the United States.”
Key Details from USCIS Guidance:
- Effective Date: The new requirement applies to H-1B petitions filed after 12:01 AM ET on September 21, 2025.
- Scope: Applies to aliens seeking entry to the U.S. as H-1B nonimmigrants unless their petitions are accompanied or supplemented by the $100,000 payment.
Exemptions: The rule does not apply to:
- Beneficiaries of petitions filed before Sept. 21.
- Current H-1B holders in valid status.
- Renewals or re-entries of those with already approved visas
Industry Reaction:
The clarification offers temporary relief to existing H-1B workers and employers, but industry groups remain alarmed. The National Association of Software and Service Companies (Nasscom) said the fee “threatens to disrupt global operations of Indian technology service providers,” which send thousands of skilled professionals to the U.S. each year.
Bottom Line:
The USCIS memo narrows the scope of Trump’s proclamation, ensuring the $100,000 fee applies only to future filings. However, with the upcoming H-1B lottery cycle set to begin in months, the fee could reshape employer participation and spark significant legal challenges.
DEVELOPING: After $100K H-1B Entry Fee, Trump Administration to Triple Prevailing Wages by Keshab Raj Seadie, Esq.
Just one day after signing a proclamation imposing a $100,000 annual entry fee on H-1B visa applicants and floating the idea of restrictions on Indian nationals tied to foreign policy concerns, the Trump administration is preparing an even more sweeping move.
According to administration officials familiar with the matter, the Department of Labor and Department of Homeland Security are finalizing regulations that would triple the prevailing wage requirements for H-1B workers. Unlike the $100K entry fee, which applies only to new entrants from abroad, the wage rule would directly affect extensions, transfers, and new cap-subject change-of-status petitions filed inside the United States.
Why It Matters:
- Across-the-Board Impact: The new wage rule would touch every corner of the H-1B program—from cap-subject new hires to in-country extensions and job transfers.
- Cost Shock for Employers: By tripling prevailing wages, employers may be required to pay foreign workers salaries far above current market rates, effectively pricing many out of eligibility.
- Broader Immigration Strategy: The measures appear coordinated to both raise revenue and drastically reduce reliance on foreign talent, especially in the technology sector.
The wage hike could be unveiled within the next month and, if implemented, would represent the most consequential structural change to the H-1B system since its creation in 1990. Legal experts expect immediate litigation, noting that unlike the proclamation, prevailing wage rules require formal regulatory changes that must go through the Administrative Procedure Act process.
