U.S. Citizenship and Immigration Services (USCIS) has issued detailed guidance on the President’s Sept. 19, 2025 proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” which imposes a new $100,000 H-1B payment requirement.

We provide a detailed rundown in this client alert. Here are the highlights:

• The Proclamation’s $100,000 fee applies to most H-1B petitions received by USCIS on or after Sept. 21, 2025, for those who are outside the U.S. without valid H-1B visas.
• Payment must be made through pay.gov before filing an H-1B petition. Proof of payment or of a national interest exception (NIE) must be submitted with Form I-129 or USCIS will deny the petition.
• Exceptions are described as extremely rare and granted only by the Secretary of Homeland Security to an employer on behalf of a specific beneficiary.

Read more here.

The U.S. Chamber of Commerce has challenged the fee in court.

Read the U.S. Chamber of Commerce’s complaint.

Read our client alert on the executive order.

Catherine Wadhwani is Co-Chair of the Immigration Practice Group at Fox Rothschild. You can reach Catherine at cwadhwani@foxrothschild.com or (412) 394-5540.