On Monday, Oct. 20, United States Citizenship and Immigration Services (USCIS) provided updated guidance regarding the Sept. 19 Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. 

The $100,000 payment does not apply in the following scenarios:  

• Previously issued and currently valid H-1B visas or any petitions submitted prior to Sept. 21, 2025. Current H-1B visa holders are permitted to travel in and out of the United States.  
• Petitions filed on or after Sept. 21 for someone who is already in the U.S. on a valid nonimmigrant visa status and is requesting amendment, change of status or extension of stay, and who does not depart the U.S. before the petition is approved.  

The $100,000 payment applies in the following instances: 

• New H-1B petitions filed on or after Sept. 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. 
• Petitions filed on or after Sept. 21, 2025, that request consular notification, port of entry notification or pre-flight inspection. 
• Petitions filed on or after Sept. 21, 2025, that request amendment, change of status or extension of stay, but USCIS determines that the individual is not eligible for amendment, change of status or extension of stay.  
• Petitions filed on or after Sept. 21, 2025, that request amendment, change of status or extension of stay, but the individual departs the U.S. before the petition is approved.  

International travel 

Current H-1B visa holders are permitted to travel internationally and should not be subject to the $100,000 fee. Please verify your travel plans with International Student & Scholar Services or your immigration attorney prior to departure. Individuals who have a pending petition seeking amendment, change of status or extension of stay should not travel outside the U.S. without first consulting with International Student & Scholar Services or an immigration attorney. 

Information for departments 

The government shutdown is currently impacting our ability to file Labor Condition Applications with the Department of Labor. International Student and Scholar Services is still working to compile supporting documents for new H-1B petitions. If you have questions about sponsoring an H-1B, please contact our team.  

Additional information will be posted on our Insights page as updates become available.