📰 For Immediate Release - USCIS Releases New H-1B Guidance
- GG&W Admin
- 2 days ago
- 4 min read
On October 20, 2025, the USCIS announced additional information and guidance on its website regarding the Trump Executive Order (EO) issued last month. When announced, this EO caused much chaos and confusion, mostly because it appeared very broad and unclear in its intent. We have posted the Service’s new guidance below, but to summarize, the additional $100,000 payment should only impact H1B’s for foreign national (FN) beneficiaries located abroad or those FN’s requesting consular or port-of-entry (POE) notification while in the U.S. (which is not common and/or can normally be strategized in advance of a petition’s filing).
This announcement further confirms GGW’s previous guidance regarding the EO that all H1B change of employer petitions, extensions, amendments, and even future H1B’s under the lottery for next year that will request a change of status will not be subject to the $100,000 fee. Additionally, USCIS has made clear that international travel based upon a petition filed after September 21, 2025 would not result in having to pay the $100,000 fee as long as the petition was not filed on behalf of a beneficiary residing abroad and/or did not request consular or POE notification.
This information and updated guidance should act as a huge relief for many current and future H-1B beneficiaries, as well as for employers who may have been hesitant to use the H-1B program moving forward and means that there should be little impact to your H-1B employees. Overall, this updated guidance appears to be very welcome news and essentially means it is business as usual with respect to H1B visa processing. It also likely means that it may be easier for your H-1B lottery registrants to be selected in next year’s H-1B lottery due to the decreased number of registrations this EO will likely cause.
A reminder that litigation and lawsuits remain ongoing, so further updates may be required in connection with President Trump’s EO. As always, we will continue to monitor the situation and will update you with any new information when received.
GG&W
Guidance:
On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, an important initial step to reform the H-1B nonimmigrant visa program. Under the Proclamation, certain H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility.
Who is subject to the $100,000 payment:
The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.
In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.
The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025. In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.
The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
How to pay the $100,000 payment:
Petitioners should submit the required $100,000 payment using pay.gov, following the instructions on pay.gov at the following link:
When to pay the $100,000 payment:
Payment must be made prior to filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.
Exceptions granted by the Secretary of Homeland Security:
Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States. Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov.