Presidential Proclamation regarding a new $100,000 fee for some H-1B petitions
12 December 2025
A coalition of Attorneys General (AG) from 20 states have filed a lawsuit challenging the new $100,000 H-1B fee. Attorney General Bonta of California, and Massachusetts Attorney General Andrea Joy Campbell are joined by AGs from Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
AG Bonta states that the fee, "is a clear violation of the law because it imposes a massive fee outside of the bounds of what is authorized by Congress and contrary to Congress’s intent in establishing the H-1B program, bypasses required rulemaking procedures, and exceeds the authority granted to the executive branch under the Administrative Procedure Act (APA)." (https://oag.ca.gov/news/press-releases/attorney-general-bonta-sues-over-trump-administration%E2%80%99s-unlawful-new-100k-fee-h)
This is but one more legal challenge being made against this new fee. Earlier this fall challenges were filed by the U.S. Chambers of Commerce, Global Nurse Force, United Auto Workers union, the American Association of University Professors, and the Association of American Universities (AAU), among others.
You can find the new complaint filed here https://oag.ca.gov/system/files/attachments/press-docs/H1B%20Complaint.pdf
You can find the fee proclamation here: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
September 19 2025
A presidential proclamation was issued on September 19, 2025, requiring a new $100,000 fee for certain new H-1B petition filings and / or visa applications. Titled, "Restriction on Entry of Certain Nonimmigrant Workers,", the proclamation took effect September 21, 2025.
On September 20, 2025, USCIS issued guidance on the new fee.
On October 16, 2025, a lawsuit was filed by the U.S. Chamber of Commerce, challenging the application of this fee. For a complete analysis of the lawsuit, see Stuart Anderson's Forbes article from October 17, 2025.
On October 20, 2025, USCIS provided another update on the new H-1B $100,000 fee.
This recent update clarified that the new fee does not apply to petitions filed for non-immigrants present in the U.S., for extensions of stay, changes of status, or amendments to previously approved petitions. It also does not apply to persons holding current H-1B status, who depart the U.S. and who need to apply for and receive a new H-1B visa prior to returning to the U.S. The new guidance provides instructions on how the fee must be paid, and gives some information regarding a possible exception from the fee for persons whose work is deemed in the national interest. It does not mention the possibility of exceptions being provided to certain industries, which is mentioned in the original proclamation.
We will provide updates on the pending lawsuit as soon as additional information is available.
More information:
