Dear Clients and Friends,
Just as crossing the Ironman finish line takes resilience and preparation, navigating today’s immigration changes requires the same strength and focus.
As the government shutdown continues, many employers and their foreign talent are also navigating another major policy shift — the added $100,000 fee for certain H-1B petitions under the September 19, 2025 Presidential Proclamation.
Here’s the latest that to know:
Who Is Affected
- New H-1B petitions filed on or after Sept. 21, 2025 for workers outside the U.S. who don’t hold a valid H-1B visa.
- Petitions requesting consular, port-of-entry, or pre-flight notification.
Who Is Not Affected
- Petitions filed before Sept. 21, 2025.
- H-1B extensions, amendments, or changes of employer for foreign workers already maintaining valid status in the U.S.
- Approved change of status or extension filings (even if the employee later travels abroad for stamping).
Payment & Exceptions
- The $100K must be paid before filing via pay.gov, with proof of payment included in the petition.
- DHS may grant rare national-interest exceptions if the worker is essential and no U.S. workers are available.
Other Developments
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- Litigation: Lawsuits have been filed challenging the fee’s legality.
- Advocacy: Employers are actively partnering with industry groups to support advocacy efforts.
Looking Ahead
The application of this added fee will have a significant impact in the next H-1B cap season which will also bring other novelties.
This is a challenging chapter, but also a defining one.
Together, we’ll stay informed, proactive, and ready for what’s next — one mile and one petition at a time.
With gratitude,
Giselle
