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Emigration and immigration

USCIS Clarifies Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers

Strategic Insights

— 1 min read

The United States Citizenship and Immigration Services (USCIS) has issued critical clarifications regarding the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. This update addresses the treatment of various categories of petitions and clarifies the fee structure. Key among these clarifications is the distinction between petitions that are subject to the $100,000 fee and those that are exempt.

Key Takeaways:

  • Previously issued and currently valid H-1B visas are not subject to the fee.
  • Individuals seeking to reenter the United States on a current H-1B visa are also exempt from the fee.
  • Any petitions submitted prior to 12:01 a.m. ET on September 21, 2025, are not subject to the fee.
  • 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 are also exempt from the fee.
  • 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 are subject to the fee.
  • 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 are subject to the fee.
  • The National Interest Waiver allows petitioners to request exemption from the fee by showing that the beneficiary's presence in the United States is in the national interest, and other specific criteria are met.
  • Petitioners must submit written requests and supporting evidence to H1BExceptions@hq.dhs.gov to request this waiver.

Statistics:

  • As of October 20, 2025, the USCIS has clarified the categories of petitions subject to the $100,000 fee.
  • Over 85,000 new H-1B visa petitions are expected to be filed annually under the new rule.
  • The $100,000 fee will apply to approximately 50% of new H-1B petitions filed at or after 12:01 a.m. ET on September 21, 2025.

Sources:

  • USCIS, USCIS Clarifies Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers (Oct. 20, 2025)
  • Mondaq Ltd., Proclamation Alters New H-1B Visas (c) Mondaq Ltd, 2025 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com

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