Many Wisconsin companies rely on H-1B visas to hire employees in specialty occupations. On Friday, Sept. 19, President Trump signed a presidential proclamation imposing a new $100,000 fee on some petitions for H‑1B work visas. This proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” took effect on Sunday, Sept. 21.
The text of the proclamation does not clearly address every H‑1B scenario. Immigration experts still have many questions about its application, and interpretation of the proclamation is still evolving in some areas. The information below is based on the proclamation text and clarifications issued by the White House and three relevant government agencies prior
to Sept. 24, 2025.
The proclamation applies only to H‑1B petitions filed after Sept. 21, 2025, for foreign workers (“beneficiaries”) who are outside of the U.S. at the time of H‑1B petition filing, with some exemptions for beneficiaries working in the national interest.
The $100,000 fee must be paid in addition to regular H‑1B petition filing fees (typically $3,380 for large private employers), and it is due at the time of initial H‑1B petition filing. It is not an annual subscription fee, as announced when the proclamation was signed.
The $100,000 payment is not required for beneficiaries of petitions filed prior to Sept. 21, 2025, including:
1. Beneficiaries of pending or currently approved H‑1B petitions; or
2. Beneficiaries in possession of validly issued H-1B non-immigrant visas seeking to enter the U.S. from overseas; or
3. Beneficiaries with an approved H-1B petition who will leave the U.S. and apply for an H-1B visa stamp overseas.
The $100,00 payment is also not required for future H‑1B petitions if:
1. The beneficiary is inside the U.S. in H-1B status at the time the employer files the H-1B petition (for example, an H-1B extension or transfer) or
2. The employer can prove that issuing an H-1B visa to the overseas beneficiary is in the U.S. national interest.
The $100,00 payment is likely not required for future H-1B petitions if the beneficiary is inside the U.S. in a different legal immigration status when the employer files the H-1B petition. For example, an employer will probably not be required to pay the $100,000 fee when requesting that an employee currently working in F‑1 (student) status change to H‑1B status.
As of September, 2025, it is not yet clear if the $100,000 fee will be required at any time after the original H‑1B petition filing. For example, if an employer is not required to pay the fee when filing the petition because the beneficiary is inside the U.S., but that beneficiary travels outside of the U.S. after the H‑1B petition is approved, will the Department of State demand $100,000 to issue the H‑1B visa stamp, which the beneficiary needs before returning to the U.S.?
We urge beneficiaries in this scenario to exercise caution when deciding to leave the U.S. until the government issues clear guidance.
As noted above, this information may change as interpretation of the proclamation continues to evolve. The proclamation will likely face legal challenges before March of 2026, when the fiscal year 2027 H‑1B lottery and application season begins.
Nicole S. Schram is an attorney with the Boardman Clark law firm in Madison. She is chair of the firm’s Immigration Practice Group and a member of the
Business and Real Estate groups.
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