Latest Update on the $100,000 H-1B Entry Fee
- jayzhangdesign
- Sep 28
- 2 min read
Updated: Nov 9
On September 19, 2025, U.S. President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”, requiring H-1B holders who have not paid the new $100,000 fee to be prohibited from entering or reentering the United States under H-1B status. The proclamation went into effect on September 21, 2025, at 12:01 a.m. Eastern Time, and is valid for one year.
Initially, the announcement was vaguely worded, suggesting that all H-1B holders entering the U.S. after September 21 would need to pay $100,000. This caused widespread panic, with many multinational companies urging overseas employees to enter the U.S. as soon as possible.
Subsequently, the White House, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the Department of State (DOS) issued clarifications through announcements, FAQs, and memoranda, ultimately narrowing the scope of the fee to apply only to new H-1B petitions filed on or after September 21, 2025.
On September 26, 2025, the American Immigration Lawyers Association (AILA) released guidance for the public. According to current guidance, the following cases are not affected, which means no need to pay $100,000 :
Individuals for whom H-1B petitions were filed before September 21, 2025.
Individuals with a valid H-1B visa (travel in and out of the U.S. is still permitted).
H-1B extensions, amendments, and changes of employer petitions for those in H-1B status who remain in the United States.
The following situations are clearly affected:
Individuals filing first-time H-1B petitions on or after September 21, 2025, who are currently not in the United States.
Individuals applying for a visitor visa who have approved H-1B petitions.
AILA also states that the information provided by the government has been imprecise and many questions remain about how this will work and who is affected. This guidance will likely change as the government provides additional information and as lawsuits are filed in the next few weeks.However, some uncertainty remains.
Current advice: Unless you already hold a valid H-1B visa stamp, it is recommended not to travel abroad in the near term to avoid potential risks. Meanwhile, the U.S. Chamber of Commerce has indicated it may challenge the $100,000 entry fee plan in court, so the policy’s future remains uncertain.
For more detailed information, please refer to the following official documents:
It is strongly recommended to closely monitor official updates and consult a professional immigration attorney as needed to ensure compliance with the latest policies.
