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H-1B “$100,000 Entry Fee” Rule Explained — What It Means for F1 and OPT Students and What To Do Now

Written by Dean W. Liu | Sep 22, 2025

A Sept. 19, 2025 presidential proclamation restricts entry of certain H-1B workers who are outside the U.S. unless the employer pays an extra $100,000 with the petition. It takes effect 12:01 a.m. ET on Sept. 21, 2025 for 12 months (extendable). If you’re already in the U.S. (e.g., on OPT/STEM OPT) and change status to H-1B without traveling, this fee is not triggered by the text. 

Updated with official agency guidance. This post reflects the Sept. 20 USCIS memorandum and the Sept. 19 presidential proclamation, plus follow-up clarifications reported by major outlets. It’s informational only, not legal advice.

1. Key Takeaways (for quick answers)

  • The $100,000 payment applies prospectively to new H-1B petitions filed on or after 12:01 a.m. ET, Sept 21, 2025. Petitions filed before then, already-approved petitions, and current H-1B visa holders are not subject to this payment. Current visa holders may continue to travel. 

  • The proclamation targets beneficiaries outside the U.S. seeking entry and instructs DOS/DHS to verify payment; it also warns against B-visa workarounds before Oct 1, 2026 start dates. Effective for 12 months from Sept 21, 2025 (extendable). 

  • The White House and subsequent coverage clarified the payment is one-time and for new applications, easing panic for current holders/renewals; impacts are expected beginning with the next cap cycle. 

  • Separately, DOL/DHS were told to propose rules to raise prevailing wages and prioritize high-salary/high-skill cases—those changes require notice-and-comment and are not yet in effect.

 

2. What Changed

  • USCIS memo (Sept 20): Confirms the policy only applies to petitions not yet filed as of the effective time; does not apply to beneficiaries of petitions already filed, approved petitions, or valid H-1B visa holders; and does not impact travel by current visa holders. 
  • Presidential proclamation (Sept 19): Restricts entry for certain H-1B workers unless the petition is accompanied or supplemented by a $100,000 payment; sets the effective time/date, 12-month window, outside-U.S. focus, and directs anti-B-visa evasion guidance. 
  • Follow-up reporting: U.S. clarifications indicate the $100k fee is one-time and tied to future/new petitions (e.g., the upcoming cap season), not renewals or current holders. 

 

3. Does the $100K Apply to You? (Common OPT Scenarios)

Situation
Likely Impact
In the U.S. on OPT/STEM OPT and planning Change of Status (COS) to H-1B
Payment not triggered (policy targets entry; USCIS says current visa holders/approved or already-filed cases aren’t subject). Avoid international travel until guidance settles. 
Consular processing after Sept 21, 2025 (leaving U.S. to stamp H-1B)
High impact: payment verification expected in visa processing/at entry for newly filed petitions. 
Cap-gap to Oct 1 and staying in the U.S.
Generally not triggered; keep status and avoid travel that could convert your case to an entry scenario. 
Extensions/transfers/amendments while inside the U.S.
USCIS memo excludes already-filed/approved and current visa holders; clarifications indicate new-petition focus, not renewals. Watch for any later agency guidance. 

 

4. Action Plan for OPT/STEM OPT (2025–2026)

  1. Prefer COS (if eligible). Staying in the U.S. reduces the chance you’re treated as an entry case. 

  2. Defer non-essential travel until your attorney confirms post/port practices after the rollout. 

  3. Stay spotless on F-1/SEVIS: I-20/EAD, job letters, pay stubs, I-94.

  4. Coordinate with DSO + counsel on any travel, stamping, or timing questions.

  5. Prepare for wage-rule changes (not yet effective) that could reshape cap strategy.

 

5. Alternatives to H-1B (Fast Overview)

  • O-1 (Extraordinary Ability): No lottery; best for strong research/innovation profiles.

  • J-1 (Research/Training/Intern): Useful for early-career R&D or structured training (watch 212(e) home-residency).

  • E-3 (Australians) & TN (Canadians/Mexicans): Country-specific but often faster and cheaper than H-1B.

  • F-1 Graduate Study (incl. Day-1 CPT programs): Enroll in a bona fide, SEVP-certified master’s/doctoral program to maintain/return to F-1 status. Some programs authorize Curricular Practical Training (CPT) from Day 1 if practical training is integral to the curriculum.

 

6. Employer Considerations (for HR/Managers who hire OPT talent)

  • Budget & timing for COS vs. consular paths.

  • Keep proof of payment where applicable; DOS/DHS may verify. 

  • Track the prevailing-wage and high-salary priority rulemakings (not yet in effect). 

 

7. FAQs

Is the $100k fee annual?

  • No—clarifications indicate it’s one-time tied to new petitions, not renewals. Await any formal agency Q&A, but USCIS’s memo already limits application to new filings after the effective time. 

Can current H-1B visa holders travel?

  • USCIS says the proclamation does not impact the ability of any current visa holder to travel to or from the U.S. 

When will wage-level/priority changes kick in?

  • Those require notice-and-comment rulemaking; timing TBD. 

Does a B-1/B-2 “wait-and-switch” help?

  • The proclamation directs DOS to prevent B-visa workarounds for start dates before Oct 1, 2026.

 

 
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