White House Provides Much Needed Clarification Regarding the $100K H-1B Proclamation
After the surprise announcement yesterday of a new $100,000 fee for H-1Bs, which immediately spurred chaos with many companies and immigration lawyers warning travelers to return to the U.S. before the effective date of September 21, 2025, the White House clarified today that the new $100,000 fee only applies to cap-subject H-1B beneficiaries in 2026.
The White House Press Secretary, Karoline Leavitt, tweeted today that “those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would.” Her tweet further stated that the proclamation “applies only to new visas, not renewals, and not current visa holders. It will first apply in the next upcoming lottery cycle.”
It has also been reported that another White House official, granted anonymity to discuss the policy, clarified today that the proclamation “does not apply to anyone who participated in the 2025 lottery,”
It is anticipated that further clarification regarding yesterday’s proclamation will be forthcoming. However, with today’s clarification from the White House, it appears that re-entry into the U.S. for those holding H-1B approvals will remain unchanged.
Furthermore, according to the proclamation, the secretary of Homeland Security will “restrict decisions on petitions” lacking the new fee for H-1B workers “who are currently outside the United States, for 12 months following the effective date.” Based on this language, it appears that the reach of this proclamation will be limited to cap-subject H-1B petitions in 2026, and it is possible that the proclamation may not impact cap-subject H-1B petitions for beneficiaries who are in the U.S. (e.g., F-1 foreign students or workers seeking to change out of other statuses such as TN, L-1, O-1, etc.).
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