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 20, 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.

1. What Changed

Policy vehicle: A presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” (Sept. 19, 2025).
Who it targets: H-1B (specialty occupation) workers outside the United States and seeking entry.
Trigger & fee: Entry is restricted unless the employer pays $100,000 with the H-1B petition and keeps proof; the State Department will verify at the visa stage. Applications without payment may be refused by DHS/State.
Effective window: 12:01 a.m. ET, Sept. 21, 2025 → 12 months (with potential extension).
Notably not covered by the text: routine extensions, amendments, or transfers for H-1B workers already inside the U.S.
Anti-evasion rule: State will issue guidance to block B1/B2 “early entry” workarounds (especially for H-1B start dates before Oct. 1, 2026).
Future changes coming via rulemaking: DOL to reset prevailing wage levels; DHS to prioritize high-salary/high-skill cases (these require notice-and-comment and won’t take effect immediately).
Possible waivers: DHS may grant national-interest waivers to individuals, companies, or industries that pose no safety/welfare risk.

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

Your Situation	Will the $100K be triggered under the proclamation text?	Notes
On OPT/STEM OPT and planning Change of Status (COS) inside the U.S.	No	Stay in the U.S. to avoid switching your case into an “entry” scenario.
On cap-gap to Oct 1 start, staying in the U.S.	No	Keep status, avoid international travel.
Planning consular processing (leave U.S. for stamping) after Sept 21, 2025	High risk: Yes	Visa issuance/entry may be refused if employer doesn’t pay $100K. Consider COS if eligible.
H-1B extension/transfer/amendment while inside the U.S.	Generally No	Text focuses on beneficiaries outside the U.S. seeking entry.
Considering entering on B1/B2 to wait for H-1B start	Don’t do it	State was told to stop B-visa workarounds through at least 10/1/2026 start dates.

3. Travel & Consular Processing Risks

After Sept. 21, 2025, exiting the U.S. and attempting to re-enter to work in H-1B status may pull you into the entry restriction.
Proof of payment (by your employer) may be required in consular and border settings.
Even if your petition is approved inside the U.S., travel can change your risk profile—talk to counsel before booking flights.

4. Action Plan for OPT/STEM OPT (Step-by-Step)

Choose COS if eligible. Ask your employer and attorney to file Change of Status rather than consular processing.
Pause non-essential travel. If you must travel, get personalized legal advice first.
Stay 100% compliant. Keep I-20s, EAD, job letters, pay stubs, I-94, and SEVIS records up to date.
Coordinate with your DSO & attorney. Watch for USCIS/State implementation memos and post-by-post practices.
Build your Plan B. Start collecting evidence for O-1 (publications, awards, press, peer letters).
Calendar wage-rule news. Higher prevailing wages and “high-salary priority” could reshape 2026+ hiring.
Employer conversation. Ask HR about budgets, timing, and whether a national-interest waiver may be viable (case-by-case).

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)

Budgeting: Plan for scenarios with/without the $100K payment; clarify which cases you’ll sponsor via COS vs consular.
Role design: Align job descriptions and salaries with a higher wage floor and potential priority for high-salary roles.
Talent pipeline: Build O-1 tracks for standout candidates; leverage E-3/TN where applicable.
Documentation: Maintain payment proof and internal compliance files anticipating DOS/DHS verification.

7. FAQs

Does the $100K apply to every H-1B, every year?

The proclamation ties payment to entry for beneficiaries outside the U.S. Agencies still need to publish implementation details. Reports mentioning “annual” fees exist, but final agency guidance controls.

Can I travel while my COS is pending?

Travel can convert your COS case into consular processing, raising the risk of triggering the entry restriction. Speak with your attorney before any trip.

Will wage level changes affect this year’s lottery?

The entry restriction is already scheduled; wage/priority changes must go through APA rulemaking, so timing/impact will depend on how fast those rules move.

What about B1/B2 to “wait it out” before my H-1B start?

The proclamation directs the State Department to block such B-visa workarounds, particularly for start dates before Oct. 1, 2026.

Is there any way around the rule?

Possibly. The DHS Secretary may grant national-interest waivers for specific people, companies, or industries. That’s case-specific and requires legal strategy.

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