FAQ - Imposed $100,000 Fee on H-1B Visa Applications

When did this proclamation take effect?

The proclamation took effect at 12:01 a.m. EST on September 21, 2025.

Who is impacted by the Executive Order (EO)?

This immediately impacts H-1B petitions NOT filed on or before September 21, 2025, where the employee is outside the U.S. This EO only targets the H-1B visa category. There are currently no changes to the other work authorized or visit-related visas such as O-1s, TNs, J-1s, F-1s EAD care holders, etc.

How can an employer pay the $100,000.00 fee?

We do not currently have information or instructions on how to pay this fee and will continue to monitor for updates.

Is the $100k fee a 1x fee or annually?

The White House Press Secretary clarified that the fee is a one-time fee as opposed to an annual fee.

Does this apply to cap-exempt institutions like UTSW?

The proclamation doesn’t distinguish between cap and cap-exempt organizations. Therefore, unless there is a clarifying memorandum going forward, the proclamation applies to all organizations seeking H-1B temporary workers.

Is there an appeals process for departments to request UTSW to pay the $100k for high profile recruits?

Not at this moment. Should UTSW develop guidance on appeals, we will publish it.

If there is an injunction made to stop the $100k fee and an H-1B petition is filed during the injunction, but then later the injunction is overturned, does the $100k fee apply?

We are not sure as a clarifying memo would address this, but we aren’t there yet.

If in the U.S. on a J-1, does the $100k fee apply for the H-1B application?

No, the $100K fee does not apply to J-1s changing their status from J-1 to H-1B as long as they are in the US.

If the employee leave the U.S. with an active J-1 visa while their H-1B is pending, will $100k fee apply upon entry?

We wouldn’t advise leaving the US with a pending H-1B as the $100K fee may apply. If your petition is an H-1B extension, we would advise against traveling since DHS might consider the petition to be abandoned. If your petition is a change of status H-1B then it will become consular processing where you will have to schedule an appointment with the consulate to receive your H-1B.

If I change employers while on H-1B, does the $100k fee apply?

No, as long as you are in the US.

I am currently in the United States in another valid status and my H-1B petition for change of status is pending: Should I travel internationally?

If your petition is a change of status H-1B then when you depart the United States it will become consular processing where you will have to schedule an appointment with the consulate to receive your H-1B.