Update: USCIS Issues Limited Guidance on $100,000 H-1B Proclamation
/On September 20, 2025, USCIS issued a short two-paragraph memorandum attempting to clarify the scope of President Trump’s September 19 proclamation that requires a $100,000 fee for certain H-1B petitions. Two important takeaways from the memo:
The memo confirms that individuals currently in valid H-1B status are not impacted by the proclamation.
According to USCIS, the proclamation also does not affect their status or ability to travel internationally and return to the U.S. after the effective date of 12:01 a.m. EDT, September 21.
While this clarification is welcome, it also highlights how carelessly and irresponsibly the Administration rolled out this policy. The proclamation itself conflicted with public statements from Administration officials and caused unnecessary stress and uncertainty for thousands of H-1B workers and their families on the eve of implementation.
Unfortunately, the USCIS memo addresses only a narrow issue. Many other aspects of the proclamation remain unclear, including how the $100,000 fee will be collected, which cases will be subject to it, and how “national interest” exemptions will work. We expect additional guidance will be needed soon.
For now, H-1B workers and employers may treat this USCIS memorandum as official confirmation that current H-1B status and international travel are not restricted by the proclamation.
Ellis Porter will continue to monitor developments closely and provide updates as soon as further guidance becomes available.