H-1B Proposed Changes, Everything We Know

Published: September 20, 2025

Updated: October 22, 2025

On September 19, 2025, the White House announced a proclamation that would require a $100,000 one time payment to accompany new H-1B petitions.

On September 20, 2025, the USCIS released a policy memorandum that clarified a number of points following the proclamation.

On October 20, 2025, the USCIS issued new guidance explaining who must pay the $100,000 fee, how to pay it, and how to apply for an exception.

The agency confirmed the fee applies only to new petitions filed for individuals outside the United States who do not already hold a valid H-1B visa. It does not apply to changes of status, extensions, or amendments filed for individuals already in the US. This means that the H1B lottery for the F1/OPT/ STEM students in the US won't be affected.

The $100,000 H-1B payment rule mainly applies to:

• Candidates outside the US without a valid H-1B visa
• Or those whose change-of-status petitions are denied and must go through consular processing

Employers must make the $100,000 payment through pay.gov using the H-1B VISA PAYMENT TO REMOVE RESTRICTION form.

Exceptions may be granted only in “extraordinarily rare” circumstances where the Secretary of Homeland Security determines that:

• The worker’s employment is in the national interest
• No qualified US worker is available for the role
• The worker poses no threat to national security or welfare, and
• Requiring the employer to pay would “significantly undermine” US interests

Employers seeking an exception can email H1BExceptions@hq.dhs.gov with supporting evidence. USCIS emphasized that the bar for approval is exceptionally high, and few cases are expected to qualify.

The update offers clarity for employers filing domestic change-of-status cases, confirming they are not subject to the new fee. However, it also underscores that the $100,000 charge still applies to new overseas hires, tightening rules around global mobility and hiring flexibility.

The headline, in plain English

The $100,000 fee applies only to new H-1B petitions filed on or after September 21, 2025, for workers outside the United States who do not already hold a valid H-1B visa. Those who already have an H-1B visa—or who are applying for a change of status, amendment, or extension from within the US—will not be charged the fee.

H-1B visa holders can continue to leave and re-enter the US under existing rules; their travel rights are not affected by the proclamation. However, employers must still pay the fee if USCIS determines a worker is not eligible for a change of status or departs before the case is adjudicated.

Legal challenges are still expected. Immigration experts continue to question whether such a large fee can be imposed without congressional action, and court injunctions remain possible. Until rulings or further agency guidance emerge, some uncertainty will persist.

What could change for H-1B workers and employers

• Costs & budgeting: Employers are responsible for the $100,000 payment via pay.gov. While domestic filings (e.g., F-1 to H-1B, amendments, or extensions) are exempt, the cost will apply to new hires located outside the US. This dramatically increases expenses for companies sourcing global talent from abroad
• Exceptions: Employers may request an exception by emailing H1BExceptions@hq.dhs.gov, but USCIS has stated these will be approved only in “extraordinarily rare” cases. The Secretary of Homeland Security must find that hiring the worker is in the national interest, no qualified US worker is available, and that paying the fee would “significantly undermine” US interests.
• Lottery and cap season: The next H-1B cap registration will be the first cycle affected by the new rules. USCIS has confirmed that the fee will apply only once a petition is filed, not at the lottery registration stage. Employers should prepare for updated instructions from USCIS and the Department of State before the next filing window.

Practical steps for H-1B workers and employers

Until the rules are tested and court challenges resolved, both employers and visa holders should stay proactive and informed.

1. Organize your documents: Have your latest I-797, I-94, visa stamp (if applicable), pay stubs, and passport (valid for at least six months) ready.
2. Flag upcoming filings: If you anticipate an extension, amendment, or change of status, coordinate early with your HR or immigration counsel to ensure proper timing under the current guidance.
3. Rely on official updates: Use trusted sources like USCIS, the Department of State, and reputable immigration news outlets. Deel will update this article as soon as new operational details or court rulings become available.

Sources to follow

• White House fact sheet & proclamation text (for official policy language)
• Major outlets summarizing the change and reactions across the tech sector
• Practitioner alerts for travel/entry specifics as consulates and CBP interpret the proclamation