Immigration
USCIS Provides Updated Guidance Regarding $100,000 Payment Requirement for Certain H-1B Petitions
by Foster, on Immigration Updates
UPDATE on the Presidential Proclamation on H-1B Visas
On September 20, 2025, the Department of Homeland Security (DHS) shared additional guidance on the presidential proclamation (“Restriction on Entry of Certain Nonimmigrant Workers”).
The latest guidance from DHS states:
“This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.”
Q&A Fact Sheet on Presidential Proclamation by Foster Global
Presidential Proclamation Imposes $100,000 H-1B Visa Fee
On September 19, 2025, a new presidential proclamation was issued restricting entry of H-1B visa holders unless employers pay a $100,000 annual fee per visa petition. The full text of the proclamation is available here: White House Proclamation Document.
Effective September 21, 2025, U.S. employers seeking to sponsor new H-1B specialty occupation workers currently outside the country must pay a $100,000 annual fee for each petition, unless falling under certain national interest exceptions determined by the Secretary of Homeland Security. Guidance on how this will be determined for higher education is still pending.
The university is actively monitoring for updates and engaging legal counsel to understand the impact to higher education institutions.
Updates and new guidance will be posted as soon as federal agencies release additional details or clarifications regarding exceptions and compliance for academic institutions.