Communique – October 2025

Special Edition

Update on Presidential Proclamation Regarding H-1B Fee and Travel Restrictions

USCIS published clarification to last month’s Presidential Proclamation seeking to impose $100,000 fee and travel restrictions. Fortunately, USCIS confirmed that H-1Bs submitted before September 21, 2025, will NOT be impacted. USCIS also clarified that H-1B petitions filed after that date, on behalf of employees inside the US who are approved for a change of status or an extension/amendment of H-1B status will NOT be subject to the $100,000 fee and travel restriction.

USCIS does indicate that new petitions submitted after September 21, 2025, on behalf of employees who are outside the US will be subject to the fee and travel restrictions. In addition, fees will be required in cases where USCIS denies a change to, or extension of H-1B status as the employee will be required to depart the US and apply for a new H-1B visa. See our updated news page for more details.

While this clarification narrows when employers will be required to pay the fee, there are circumstances that will require considerable strategy and advanced planning to avoid triggering the fee:

  • Hiring employees who are not in the US
    • H-1B sponsorship will likely not be feasible for new hires who are outside the US. In some cases, there may be other immigration sponsorship options available to support employment. The hiring department should contact the ISSO as early as possible to review offers of employment on a case-by-case basis.
  • Increased risk and restriction to international travel
    • Employees will be required to maintain status and remain in the US while changes and extensions of status are pending which will restrict when they are eligible to travel.
    • Employees requesting a leave of absence (i.e. sabbatical, junior faculty, parental, medical, personal, etc.) must confer with ISSO in advance to evaluate how the leave and any travel during the leave could impact the sponsorship or trigger the fee requirement.
  • Increased risk to last minute sponsorship requests
    • USCIS is less likely to use their discretion to approve last minute H-1B petitions. If denied, travel and fee payment will be required. Departments should submit requests for immigration sponsorship six months in advance whenever possible.

The guidance does not distinguish cap subject from cap exempt employers so we must assume we are subject to the proclamation. Litigation challenging the proclamation continues, and it is possible that the plaintiffs will seek interim relief to temporarily bar the U.S. government from implementing the proclamation and related guidance. Without relief from the courts, we will need to review each request on a case-by-case basis to see if the fee will apply until the proclamation expires – currently projected for September 20,2026.

Please reach out to your ISSO Scholar Advisor with questions and review our news page for more information.

We appreciate your continued support.