#  Additional Updates on the Presidential Proclamation Affecting H-1B Visas 

 





October 22, 2025

 

 

The U.S. Citizenship and Immigration Service (USCIS) this week issued [**additional guidance**](https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations) clarifying the presidential proclamation on H-1B petitions, which imposed a new $100,000 fee in certain cases.

According to the new guidance, the fee does not apply when a beneficiary inside the U.S. is granted a petition requesting:

- Amendment
- Extension
- Change of status to H-1B from another visa category (e.g., F-1 or J-1)

Beneficiaries of such approved petitions will not incur the fee if they travel outside the U.S. and apply for a visa based on the approved petition or seek to reenter the U.S. on a current H-1B visa. Likewise, the proclamation does not prevent any holder of a current H-1B visa from traveling in and out of the U.S.

However, if the beneficiary is outside the U.S. or is ineligible for an extension, amendment, or change of status, the $100,000 fee would apply.

The new H-1B visa requirements were announced in a [**September 19 presidential proclamation**](https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/). The Department of Homeland Security [**said the next day**](https://www.hio.harvard.edu/news/update-presidential-proclamation-affecting-h-1b-visa-holders) that the fee would apply only to new H-1B petitions beginning September 21.

H-1B visa holders should [**consult with their HIO advisor**](https://www.hio.harvard.edu/talk-advisor) to discuss the specifics of their particular case. We will continue to monitor updates closely and share information on [**our website**](http://www.hio.harvard.edu/) as it becomes available.



 

 

 



 

 

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