Agencies Issue Guidance on President Trump’s Proclamation Requiring a $100,000 Fee for Certain H-1B Petitions

Following on the heels of President Trump’s issuance of a proclamation requiring a $100,000 fee for certain H-1B petitions where the worker is outside the United States, U.S. Citizenship and Immigration Services (USCIS) released a related frequently asked questions (FAQ) document, and other agencies released related guidance.

The USCIS FAQ notes which petitions are included and not included, and states that further steps will be taken, including:

• A rulemaking by the Department of Labor to revise and raise the prevailing wage levels to “upskill” the H-1B program and “ensure that it is used to hire only the best of the best temporary foreign workers.”
• A rulemaking by the Department of Homeland Security to “prioritize high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels.”

Additional changes are also under consideration and will be announced in the coming months, USCIS said.

USCIS released additional guidance regarding the proclamation, as did U.S. Customs and Border Protection (CBP). The Department of State (DOS) released a related FAQ. USCIS said that DOS also sent guidance to all consular offices that is consistent with the guidance from USCIS and CBP. CBP’s guidance, posted on X, states that the “updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025 are not affected. Any reports claiming otherwise are flat-out wrong and should be ignored.”

The White House also released a related fact sheet on September 19, 2025.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.