© Attorney Farhad Sethna, 2025
The presidential proclamation of September 19, 2025, which sent a lot of H-1b employers and H-1b beneficiaries into a tizzy, seems to be resolved, at least for now.
In two memos, both the USCIS and the USCBP have clarified the following:
The $100,000 H-1b fee applies only to NEW H-1b Applications filed on after September 21, 2025. Again, the fee applies only to new applications. Therefore, renewals are not affected by the Proclamation.
The fee applies only to fiscal year 2026 H-1b applications. Prior year applications are not impacted.
Therefore, it would appear that aliens who have H-1b approvals, but do not yet have H-1b visas may travel outside the United States, obtain their visa stamp in their passport, and returned to the United States without having to pay the $100,000 fee.
It is only those NEW H-1b applications filed AFTER September 21, 2025, which will attract the new $ 100,000 fee. Yes, One Hundred Thousand Dollars.
For additional clarification, I have attached links to both the implementing memos, as issued by USCIS and USCBP, below. Please read them carefully.
As always, if you have any questions, please do contact qualified immigration counsel. Remember, this article does not constitute legal advice.
This is not a matter to be taken lightly, as this administration tends to change its mind on a daily basis. Please stay tuned for any further developments, and please share your experiences with me via email to farhad@sethnalaw.com. Your input will be invaluable in guiding future H-1b status travelers.
https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
© Farhad Sethna, Attorney, 2025
Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330) 384-8000. Please send your general immigration questions to farhad@sethnalaw.com. We will try to answer as many questions as possible.