**UPDATE (October 3, 2025): H-1B Extension Petitions**
We confirm that the new $100,000 fee for H-1B petitions does NOT apply to H-1B extension or renewal petitions filed for existing employees. The fee applies only to new H-1B petitions. Please continue to consult FSIS staff regarding your specific case.
September 24, 2025
A new presidential proclamation, Presidential Proclamation 10973 (signed on September 19, 2025) which restricts the entry of certain H-1B specialty occupation workers. This action is based on the finding that the H-1B program has been exploited to replace American workers, suppress wages, and pose a national security risk.
Key Provisions:
- New Fee: The proclamation requires a $100,000 payment to accompany any new H-1B visa petition for a worker outside the U.S.
- Effective Date: This measure went into effect at 12:01 a.m. EDT on September 21, 2025, and is set to expire in 12 months unless extended.
- Scope: Agency guidance from USCIS, Customs and Border Protection, and the Department of State clarifies that this fee applies only to new H-1B petitions filed on or after the effective date. This fee does not apply to H-1B extension petitions filed for existing employees. If also does not affect previously approved petitions, petitions filed before the deadline, or current visa holders, who can continue to travel and re-enter the U.S.
- Exemptions: The proclamation allows for waivers of the fee for individuals, companies, or industries if it is determined to be in the “national interest.”
Legal challenges to the proclamation are expected. We are currently awaiting further clarification from USCIS and the Department of State on the full scope and implementation of this proclamation. We will update this post as more information becomes available from federal agencies or as a result of litigation.