H-1B $100K Fee Proclamation: Key Facts for EB-3 Applicants on H-1B Status

In September 2025, the White House issued a presidential proclamation imposing a $100,000 fee on H-1B petitions and restricting the entry or re-entry of H-1B holders whose employers have not paid the fee. The proclamation is valid for one year and may be extended. It applies to all H-1B categories, including cap-exempt and university-sponsored visas. Following significant confusion, USCIS issued guidance clarifying that the fee is a one-time charge per petition rather than annual, and that the agency will not enforce the proclamation against existing H-1B holders already present in the United States. However, CBP has not issued a parallel statement, leaving some ambiguity for those crossing U.S. borders. For EB-3 applicants who are currently maintaining H-1B status while awaiting their priority date, this development warrants attention. H-1B extensions and transfers require new petitions, which under the proclamation's text would trigger the $100K fee requirement. Those with pending change-of-status applications should monitor USCIS implementation guidance closely. H-1B holders outside the U.S. are advised to return as soon as possible, as the proclamation as written applies to anyone seeking entry after the effective date — even on an existing valid stamp. Those unable to return promptly should consult their employer's immigration counsel immediately and may consider alternative visa categories such as O-1, TN, or L-1. The legal basis for the proclamation is INA Section 212(f), the same authority used for prior travel restrictions. Legal challenges are anticipated. EB-3 applicants on H-1B should work closely with immigration attorneys to assess how upcoming petition filings or international travel may be affected while regulations and enforcement guidance continue to develop.