Quick Summary: A presidential proclamation issued on September 19, 2025 created a temporary $100,000 payment requirement for certain new H-1B cases. Government guidance described in the September 26, 2025 update says the requirement applies to new H-1B petitions filed on or after September 21, 2025. It does not appear to apply to every H-1B worker or every type of H-1B filing. Because important details remain unclear, workers and employers should get legal advice before making travel plans or filing a new petition.

H-1B status is commonly used by U.S. employers to hire certain professional workers. A recent federal proclamation may significantly affect some people who are starting the H-1B process from outside the United States. The update described here is based on guidance available as of September 26, 2025, and that guidance stated that additional information may still be issued.

What the Proclamation Says

According to the update, the President issued a proclamation on September 19, 2025. It took effect at 12:01 a.m. Eastern Daylight Time on September 21, 2025. The proclamation was set to remain in effect for 12 months, with a possible extension.

The proclamation temporarily stops decisions on certain new H-1B petitions and restricts entry for certain H-1B workers unless a $100,000 payment is made. The government later gave guidance saying that the rule applies only to new H-1B petitions filed on or after September 21, 2025.

That clarification matters. The original wording appeared broad enough to raise concerns for H-1B workers who were outside the United States on or after the effective date. The later guidance described in the update narrows the focus to new petitions filed on or after September 21, 2025.

Who May Be Affected

The update identifies two groups that may be affected:

• People filing their first H-1B petition on or after September 21, 2025, who are outside the United States at the time.
• People applying for a visitor visa who already have an approved H-1B petition.

For workers and employers, the key question is whether the case is a new H-1B petition filed on or after September 21, 2025. The worker’s location and travel plans may also matter. These facts can be different from one case to another, so it is important not to assume that another person’s situation is the same as yours.

Ventresca & Ventresca LLP helps individuals, families, employers, and HR professionals review immigration questions that may affect hiring and work authorization plans.

Who the Update Says Is Not Affected

The update lists several groups that are not affected by this requirement:

• People whose H-1B petitions were filed before September 21, 2025.
• People who have a valid H-1B visa. The update states that travel into and out of the United States remains permitted for these individuals.
• People already in H-1B status in the United States who file an H-1B extension, amendment, or change-of-employer petition.

This means an H-1B case is not automatically subject to the $100,000 payment simply because it involves H-1B status. The filing date, the type of petition, the worker’s current status, and whether the person is in the United States are all important details.

What Payment and Travel Documentation May Be Required

For each covered new H-1B petition filed after September 21, 2025, the update states that a $100,000 payment must be included. It also says proof of payment will be required at a U.S. consulate and/or at the port of entry.

Without proof of payment, the update says a visa may not be issued or the person may be denied admission to the United States. For this reason, international travel should not be treated as routine if a person may be covered by the proclamation.

Employers should also consider the possible impact on recruitment, start dates, staffing plans, and communication with a prospective employee. Before taking action, the employer should obtain case-specific immigration guidance.

Possible Exceptions

The proclamation allows for exceptions when they are in the national interest. The update says exceptions may be available for specific individuals, for all people working for certain companies, or for people in a particular industry.

However, the update also makes clear that no further guidance had been released at that time about the standards for an exception or the process for requesting one. In plain language, an exception may be possible, but the update does not explain who will qualify or how to apply. A person or employer should not rely on the possibility of an exception without speaking with an immigration attorney.

Practical Steps for Workers and Employers

If you believe this update could affect you, start by gathering the basic facts about your case. Confirm the petition filing date, whether the filing is a first-time petition or another type of H-1B filing, where the worker is located, and whether travel or visa processing is planned.

Next, speak with an immigration attorney before filing a new H-1B petition or making international travel plans. The update specifically recommends this step because questions remained about how the proclamation would be applied. Ventresca & Ventresca LLP can help clients understand the information available for a pending or planned matter and discuss the next appropriate step.

It is also wise for employers to communicate carefully with affected candidates and internal HR teams. Avoid making promises about timing, visa issuance, or admission to the United States until the case has been reviewed.

Why This Is Still an Evolving Immigration Update

The September 26, 2025 update states that the government’s information had been imprecise and that many questions remained. It also noted that the guidance could change as the government provided more information and as lawsuits were filed.

That uncertainty is important. This article does not add assumptions beyond the update. It explains what the update says in simpler language: the new $100,000 payment requirement may apply to certain new H-1B filings, while several existing H-1B situations are listed as outside its scope.

FAQ

Does the $100,000 payment apply to every H-1B worker?

No. The update says it applies to new H-1B petitions filed on or after September 21, 2025. It also lists several groups that are not affected.

Can someone with a valid H-1B visa still travel?

According to the update, individuals with a valid H-1B visa are not affected, and travel in and out of the United States remains permitted.

Are H-1B extensions included?

The update says that extensions, amendments, and change-of-employer petitions are not affected when the worker is already in H-1B status and remains in the United States.

Can an employer or worker request an exception?

The proclamation allows for possible national-interest exceptions. The update says that more guidance was still needed about the criteria and application process.

What should we do before filing or traveling?

Discuss the situation with an immigration attorney before filing a new H-1B petition or making international travel plans. Ventresca & Ventresca LLP provides responsive immigration law guidance for employers and individuals in Wexford, Pennsylvania and beyond.

If this update may affect a pending or planned H-1B matter, contact Ventresca & Ventresca LLP to discuss your situation and the information currently available.