A September 19, 2025 Presidential Proclamation provides for a mandatory $100,000 payment for the first H-1B petitions filed on or after September 21. The new rule is a paradigm shift in employment-based immigration, with USCIS moving to provide payment verification and compliance monitoring under the President’s mandate.
Presidential Order Expands Financial Conditions for H-1B Filings
The White House released a sweeping policy change to the H-1B visa program in a Presidential Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers.” Released on September 19, 2025, the order requires a $100,000 payment as a condition of eligibility in all new H-1B petitions filed on or after September 21. The provision represents a significant departure in labor-based immigration. It imposes one of the most essential obligatory charges on visa petitioners.
The administration officials say the payment requirement is intended to deter misuse of the H-1B program and push employers to use more American workers. The U.S. Citizenship and Immigration Services (USCIS) will be directed to enforce the rule vigorously during filing, incorporating payment verification into its electronic system to automatically reject petitions without the required documentation.
Required Filing Procedures and Payment Evidence
In Section 1(c) of the Proclamation, employers seeking to file new H-1B petitions must present verifiable proof of the $100,000 payment through Pay.gov or evidence of an approved exemption by the Department of Homeland Security.
USCIS is instructed to deny any petition not accompanied by evidence of payment or approval of exemption. Employers are therefore cautioned to submit complete documentation and compliance at submission to avoid rejection at intake or adjudication.
Steps Employers Must Take to Stay in Compliance
To meet the new federal conditions, petitioning employers must follow these steps:
- Determine Applicability: Ask if the petition meets the new payment requirement.
- Backflow: Prepay the $100,000 payment via Pay.gov before filing.
- Obtain Written Exceptions: Provide evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition if applicable.
- Add Supporting Documents to Petition: Place all the payment receipts or exemption documents and respective supporting forms.
Industry Response and Expected Legal Scrutiny
The new $100,000 requirement has sparked strong reactions from the IT industry, universities, and legal experts. Opponents contend that the provision will significantly increase the cost of bringing in foreign expertise and could dissuade entry into the H-1B program, especially by start-ups and mid-sized organizations.
Several professional groups are reportedly considering a federal court challenge to the policy based on claimed administrative law and unfair employer fiscal burdens. Legal experts anticipate judicial review to test the parameters of executive authority in imposing strict visa-related financial requirements, especially the extent and magnitude of the new payment rule.
Next Steps and Policy Clarification
USCIS is expected to issue formal guidance on the refund process, processing times, and exemption requirements within a couple of weeks. Employers should monitor formal notices and adjust compliance planning to include the new payment scheme.
Implementing this $100,000 payment condition marks a pivotal moment in employment-based immigration policy, signaling a new era of financial scrutiny and procedural rigor in nonimmigrant visa administration.
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