Who Is Affected
The $100,000 requirement applies to new H-1B petitions filed on or after 12:01 a.m. Eastern Daylight Time on 21 September 2025.
This includes the FY 2026 lottery and all subsequent H-1B petitions.
The fee is additional to standard USCIS filing fees and represents a substantial cost increase for employers.
Who Is Protected
The Proclamation does not affect previously issued H-1B visas or petitions submitted before the effective date.
Current H-1B visa holders can continue to travel in and out of the United States without additional requirements.
Extensions and amendments for those already in H-1B status also remain unaffected in most cases.
Impact on Corporate Immigration
The substantial fee increase is designed to encourage employers to hire American workers rather than seeking H-1B sponsorship.
Companies heavily reliant on H-1B workers face significant additional costs, potentially affecting hiring strategies for skilled foreign workers.
Professional legal advice is essential for navigating these changes.