Quick Summary: A September 2025 presidential proclamation created an additional $100,000 payment requirement for certain H-1B petitions. The rule generally affects some new filings involving workers outside the United States or filings that request consular processing. It does not apply to every H-1B petition. The details of the filing request, the worker’s location, and the worker’s immigration status can make a major difference.

For employers, HR teams, and H-1B workers, the most important step is to review the case before filing. A petition that is subject to the payment must include proof that the payment was scheduled, unless an exception has been granted.

What Is the $100,000 H-1B Payment?

On September 19, 2025, the President issued a proclamation called Restriction on Entry of Certain Nonimmigrant Workers. It added a $100,000 payment requirement for certain H-1B petitions filed on or after September 21, 2025, at 12:01 a.m. Eastern Daylight Time.

This is an additional payment condition for petitions covered by the proclamation. It is not described as a requirement for every H-1B filing. Whether it applies depends on the facts of the worker’s case and what the petition asks USCIS to do.

At Ventresca & Ventresca LLP, we encourage employers to identify this question early. Immigration filings often involve deadlines, travel plans, and employment start dates. Knowing whether this payment may apply before filing can help avoid a preventable denial.

New Petitions for Workers Outside the United States

The payment applies to certain new H-1B petitions filed on or after the September 21, 2025 deadline when the beneficiary is outside the United States and does not have a valid H-1B visa.

In simple terms, an employer may need to make the payment when it files a new petition for a person abroad who does not currently hold a valid H-1B visa. The proclamation focuses on both the worker’s location and whether that worker has a valid H-1B visa.

Employers should not assume that a worker’s job title, past immigration history, or an approved petition alone answers this question. The specific filing situation matters.

Petitions That Request Consular or Port-of-Entry Processing

The payment can also apply when a petition filed on or after the deadline asks for consular notification, port-of-entry notification, or pre-flight inspection for a person who is in the United States.

These requests may affect how the worker will obtain or use H-1B status. Because the proclamation specifically includes these filing requests, employers should carefully review the requested action on the petition before it is submitted.

This is especially important when an employer is considering options connected to travel or visa processing. The filing choice may affect whether the additional payment requirement applies.

Change of Status, Amendments, and Extensions

Some petitions ask USCIS to change a worker’s status, amend an existing petition, or extend the worker’s stay in the United States. If USCIS grants the requested change, amendment, or extension for a worker inside the country, the proclamation says the $100,000 payment does not apply to that petition.

However, the result can be different if USCIS determines that the worker is not eligible for the requested action. For example, the document explains that this may happen if the worker is not in valid nonimmigrant status or if the worker leaves the United States before USCIS decides a request for a change of status.

In that situation, the payment requirement can apply, and the payment must be made according to USCIS instructions. This distinction makes careful case planning important for employers and employees alike.

Situations the Proclamation Does Not Cover

The proclamation does not apply to H-1B visas that were already issued and remain valid. It also does not apply to petitions submitted before September 21, 2025, at 12:01 a.m. Eastern Daylight Time.

Current H-1B visa holders may still travel in and out of the United States. The proclamation also does not prevent a beneficiary with an approved petition from traveling.

In addition, a worker is not subject to the payment simply because that person later leaves the United States to apply for a visa based on an approved petition, or seeks to return using a current H-1B visa, when the approved filing was an amendment, change of status, or extension that USCIS granted for a worker inside the United States.

These exceptions are important, but each case should be reviewed based on its own facts. Ventresca & Ventresca LLP provides immigration law guidance to help employers and workers understand how government updates may affect a pending or planned filing.

How and When to Make the Payment

For petitions that are subject to the requirement, the $100,000 payment must be scheduled through Pay.gov before the petition is filed with USCIS. At the time of filing, the petitioner must provide proof from Pay.gov that the payment has been scheduled.

Instead of payment proof, a petitioner may provide evidence that the Secretary of Homeland Security granted an exception. A petition that is subject to the payment and is filed without payment proof or proof of an exception will be denied.

Because the filing package must include this documentation, waiting until after filing is not an option for petitions that fall within the requirement.

Exceptions Are Very Limited

The document states that exceptions are available only in extraordinarily rare circumstances. The Secretary of Homeland Security must determine that the worker’s H-1B presence is in the national interest, that no American worker is available for the position, that the worker does not threaten U.S. security or welfare, and that requiring the payment would significantly undermine U.S. interests.

An employer seeking an exception must send a request and supporting evidence to the Department of Homeland Security email address identified in the USCIS guidance. The stated standard is high, so employers should not treat an exception request as a routine alternative to payment.

FAQ

Does every H-1B petition require the $100,000 payment?

No. The proclamation applies only to certain petitions filed on or after September 21, 2025, at 12:01 a.m. Eastern Daylight Time. The worker’s location, visa status, and the type of action requested are all relevant.

Does this affect a valid H-1B visa issued before the deadline?

No. The proclamation does not apply to previously issued H-1B visas that are currently valid.

Can a current H-1B visa holder travel internationally?

Yes. The document states that the proclamation does not stop current H-1B visa holders, or beneficiaries following petition approval, from traveling in and out of the United States.

What happens if a covered petition is filed without payment proof?

USCIS will deny a petition that is subject to the payment if it is filed without proof that the Pay.gov payment was scheduled or evidence of an approved exception.

Can an employer request an exception?

Yes, but the document describes exceptions as extraordinarily rare and subject to a high standard set by the Secretary of Homeland Security.

If this H-1B update affects a pending or planned matter, contact Ventresca & Ventresca LLP. Our responsive attorneys can help employers, HR professionals, and workers review the filing details and understand the next steps.