President Trump has extended through September 2027 a September 2025 proclamation requiring employers to pay $100,000 to sponsor new H-1B petitions and creating restrictions on the entry of H-1B workers into the United States. The policy has limited exceptions for workers, companies, or industries deemed to be in the national interest.

This fee policy is currently blocked by court order and is not in effect. 

What happens now?

Because of the ongoing legal challenges, the fee's status may change with little notice. International Services is monitoring the situation closely and communicating directly with Cornell’s H-1B visa holders about any updates and immediate impacts. If you are considering pursuing a consular-processed H-1B petition, contact International Services for current guidance and recommendations.

The fee extension is one of two related measures that may impact Cornell employees on H-1B visas and hiring units in coming weeks and months. 

• Review an alert about a new executive order increasing interagency review during the H-1B filing process.
• Read the White House fact sheet announcing the two measures.

October 2025 USCIS Guidance

Here is an overview of USCIS guidance on the fee. The $100,000 fee is currently blocked due to legal challenges and is not in effect.

Who is subject to the $100,000 fee?

People with H-1B petitions filed on their behalf on or after September 21, 2025, AND

• The worker is outside the U.S. when the petition is filed and does not already hold a valid H-1B visa stamp, OR
• The petition requests consular processing, OR
• The petition requests an amendment, change of status, or extension of stay, and USCIS finds the worker ineligible. 

Exceptions

The Department of Homeland Security may grant an exception to the fee only in “extraordinarily rare” circumstances. Employers seeking an exception must submit a detailed justification and supporting evidence. Individual beneficiaries (workers) may not request an exception.

Who is NOT subject to the fee?

• All H-1B workers who hold a valid H-1B visa stamp issued before September 21.
• People with H-1B petitions filed on their behalf before September 21.
• H-1B workers who are approved within the U.S., and later depart to apply for an H-1B visa stamp and/or to reenter the U.S. in H-1B status.
• People in the U.S. with H-1B petitions that are approved for the following actions: amendment, change of status, or extension of stay.
  • F-1 students and others who switch to H-1B status within the U.S. are not subject to the fee.
  • Change of employer petitions are not subject to the fee.