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H-1B Visas in Flux: Key Takeaways from the 10/20/2025 USCIS Guidance Regarding H-1B Proclamation

By Melissa Allchin, Matthew Gorman & Betsy Morgan on October 22, 2025
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On October 20, 2025, US Citizenship and Immigration Services (USCIS) issued guidance on the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which imposed an additional $100,000 payment as a prerequisite for certain new H-1B Petitions filed on or after 12:01AM Eastern on September 21, 2025.

For more details, refer to our September 22, 2025 client alert, H-1B Visas in Flux: Understanding the H-1B Proclamation and Its Impact on Employers and Your H-1B Workforce.

Who Is Subject to the $100,000 Payment?

The guidance confirms that the Proclamation applies to:

  • New H-1B Petitions filed on or after 12:01AM Eastern on September 21, 2025 on behalf of beneficiaries who are outside of the United States and do not have a valid H-1B visa;
     
  • New H-1B Petitions filed on or after 12:01AM Eastern on September 21, 2025 that request consular notification, port of entry notification, or pre-flight inspection for a foreign national in the United States; and
     

H-1B Petitions filed on or after 12:01AM Eastern on September 21, 2025 that request an amendment, change of status, or extension of stay for a foreign national inside the United States where USCIS determines that the foreign national is ineligible for the request or if the foreign national leaves the United States prior to adjudication of a change of status.

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Photo of Melissa Allchin Melissa Allchin
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Photo of Matthew Gorman Matthew Gorman
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Photo of Betsy Morgan Betsy Morgan
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  • Posted in:
    Immigration
  • Blog:
    The Employer Report
  • Organization:
    Baker McKenzie
  • Article: View Original Source

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