Information Updates and FAQs on the 9/19/2025 Presidential Proclamation.
Updated 9/25/2025
Based on the latest Federal Registry Notice on the President’s September 19, 2025 proclamation, H-1B petitions for beneficiaries outside of the US that are received by the USCIS on or after September 21, 2025 are subject to the $100,000 per applicant proclamation fee. It remains unclear whether beneficiaries of an H-1B Change of Status petition who depart the US after their petition approval will be subject to the fee.
FSVS will resume processing H-1B Change of Status and Change of Employer petitions under this new guidance. Out of an abundance of caution, J-1 and F-1 faculty and staff’s H-1B start dates will commence upon the completion of J-1 programs and F-1 OPT expiration dates. F-1 faculty and staff eligible for STEM OPT will be required to apply for and exhaust STEM OPT. Petitions that require Consular Processing will remain on hold until there is further guidance on the fee waiver based on the national interest.
- H-1B Proclamation Immigration AdvisoryThe White House issued a Presidential Proclamation on Friday night restricting H-1B visa issuances to applicants outside of the U.S. Under the proclamation, employers are required to pay a $100,000 fee per applicant for an H-1B visa stamp. The directive goes into effect on Sunday, September 21, 2025, at 12:01 a.m. Eastern Daylight Time. To clarify the proclamation,…Continue Reading H-1B Proclamation Immigration Advisory
FAQs Round 1
updated 9/24/2025
Who is not subject to the new fee?
- Those currently in H-1B status.
- Those who will apply to extend H-1B status.
- Those with unexpired H-1B visa stamps who plan to travel internationally and return to the US prior to the H-1B visa stamp expiration date.
- Those for whom a Change of Status to H-1B petition was filed while they were in the US.
- Those for whom a Change of Employer H-1B petition was filed while they were in the US.
- Visa-exempt Canadians in H-1B status.
- Those granted a waiver of the fee.
- Those previously in H-1B status and are now in a different status such as O-1 or are lawful permanent residents.
What are new H-1B petitions that are subject to the proclamation fee?
The federal government guidance is still in flux. The policy memos, FAQs and the Federal Register notice conflict with each other on the fee’s applicability. Additional clarification is required for circumstances other than those above. Until updated guidance is received, it will be assumed that the circumstances below are subject to the new fee.
| Category | Applicable |
| Consular Processing beneficiary for first H-1B, who is outside of the US and whose petition was received by the USCIS on or after 9/22/2025. | New fee applies. |
| H-1B Change of Employer for beneficiary who is outside of the US and whose petition is received by the USCIS on or after 9/22/2025. | Unclear. New fee may apply. |
| H-1B Change of Status from F, J , TN, O, H-4, or L Status beneficiary received by the USCIS on or after 9/22/2025 and departs the US after the H-1B petition is approved. | Unclear. New fee may apply. |
| H-1B Change of Status from B Status beneficiary received by the USCIS on or after 9/22/2025. | Unclear. Most likely will apply. |
| H-1B beneficiary applying to renew an expired H-1B visa stamp before a US Consulate. | Unclear. Most likely will not apply. |
| H-1B beneficiary with an unexpired adjustment of status Advance Parole applying to renew an expired H-1B visa stamp before a US Consulate. | Unclear. Confer with immigration counsel before departing the US. |
How long will the proclamation fee be in effect?
The fee is currently in effect until September 21, 2026. The government is required to evaluate whether to extend or renew the fee within 30 days of the completion of the 2027 fiscal year H-1B cap lottery. Based on historical records, the lottery may be completed between March and July 2026.
How do I apply for the proclamation’s national interest waiver?
USC will support national interest fee waivers wherever applicable.There is no guidance regarding the national interest fee waiver. It is unknown if the H-1B employer or the H-1B beneficiary is required to apply for the waiver and which government agency it should be filed with.
While the proclamation does not identify which workers could fall within the fee waiver criteria, under prior immigration restrictions, working in or supporting clinical care, health sciences and services, higher education, and critical infrastructures qualified for national interest waiver. Meeting the waiver’s announced criteria is not a guarantee it will be granted. The waiver is discretionary and may be denied at the government’s discretion.
How is the new fee paid? Who is responsible for paying the fee?
Current guidance suggests the fee should be paid to the Department of State. However there is no mechanism for paying the fee at this time. There is also no guidance on whether the employer or the H-1B beneificiary is required to pay the fee.
I am currently in F-1/J-1 Status and my H-1B Change of Status is in process with FSVS. Will my petition be filed?
Yes, it will be filed with an H-1B start date to commence upon the completion of the J-1 program or OPT expiration date. Out of an abundance of caution, F-1 faculty and staff eligible for STEP OPT will be required to apply for and exhaust STEM OPT. Remaining in F and J status provides the ability to travel internationally without triggering the H-1B fee.
I am outside the US waiting for my H-1B visa stamp interview. My H-1B petition was filed before September 19,2025. Should I cancel my interview and biometrics?
No, do not cancel your interview or biometrics. Continue with the visa stamping process. The new fee should not apply to you. Make sure your travel plans are flexible in case there are delays in visa issuance. Make sure to provide your department and FSVS Visa Specialist with updates on the application process.
I am outside the US and will be applying for my first H-1B visa stamp. I have never previously been in H-1B status nor possessed an H-1B visa stamp. Will I be subject to the new fee?
Yes, you are subject if your petition was filed with the USCIS on or after September 21, 2025. FSVS will work with your department to determine alternative visa options and filing a fee waiver once the waiver criteria are published.
It is unclear whether you will be subject to the fee if your petition was received by the USCIS on or before September 19, 2025.
I have an unexpired H-1B visa. I plan to travel internationally during the break and return during my visa’s validity period. Should I change my travel plans?
Under the current guidance you should be able to return on your visa stamp. However, government guidance is changing so travel plans should be flexible. Consider purchasing refundable tickets or travel insurance in case you need to revise or cancel your travel. Make sure to check the most current guidance before you depart the US.
I have an expired H-1B visa. I plan to travel internationally during the break and apply for an H-1B visa renewal. Should I change my travel plans?
The current guidance suggests you should be able to obtain a new visa stamp without the new fee. However, government guidance is changing so travel plans should be flexible. Consider purchasing refundable tickets or travel insurance in case you need to revise or cancel your travel. Out of an abundance of caution, we suggest against nonessential International travel until further information becomes available.
My dependents are in H-4 status and plan to travel internationally. Should their travel plans be changed?
H-4s who are the dependents of an H-1B that is subject to the new fee will most likely be denied initial H-4 visa stamps. We are waiting for the Department of State is provide guidance on this. H-4s who have unexpired H-4 visa stamps, or will renew expired H-4 visa stamps should be able to return to the US. We suggest limiting international travel to essential travel until specific guidance on H-4 visa stamp issuance is released. Consider purchasing refundable tickets or travel insurance in case you need to revise or cancel your travel.