On September 19, 2025, the President issued a Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers requiring that new H-1B visa petitions include a $100,000 payment as a condition of eligibility. On 10/21/2025, an update clarifying the application and administration of the new rule was released. In sum, it clarifies that this payment applies primarily to new H-1B petitions for beneficiaries outside the United States who do not have a valid H-1B visa. The Proclamation does not apply to H-1B petitions filed before September 21, to valid existing H-1B visas, or to in-country extensions or amendments that are approved.

Limited exceptions may be requested from the Department of Homeland Security in rare “national interest” circumstances.

For more information, see: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

We are closely monitoring these developments and will provide guidance on how they affect each pending or planned filing. Feel free to contact office with any questions or to request a consultation.