| Scenario | Payment of $100,000 needed? |
|---|---|
| New H-1B from outside the U.S | YES |
| A company files a new petition to bring back someone who was previously on H-1B but left the U.S. (worker is outside the U.S. at the time of the new petition) | UNCLEAR currently* |
| New H-1B from inside the U.S. (Change of Status, e.g., an F-1 student applying for H-1B) | UNCLEAR currently. (Guidance still coming in and there is no definite answer yet)* |
| The worker is outside the U.S. at filing time but had a prior H-1B | NO |
| H-1B Extension / Renewal with the same employer (worker still in U.S.) | NO |
| H-1B Transfer to a new employer (worker still in U.S.) | NO |
| An existing H-1B worker travels abroad during an extension or transfer process, provided the petition was filed while they were inside the U.S. | NO |
| Current H-1B visa holders who are currently outside of the country (to re-enter the United States) | NO |
| The worker is inside the U.S. at filing time and has been counted against the cap | NO |
| Existing visa holders re-entering the country | NO |
*American Immigration Lawyers Association (AILA) has sent a 4-page questionnaire to the USCIS asking for clarification on matters that are unclear.
For now, the proclamation took effect at 12:01 a.m. EDT on September 21, 2025. It expires in 12 months but may be extended, and appears to target entry of H-1B workers into the U.S. who are currently outside the U.S., according to the Indu Law Group (ILG).
The situation appears to be evolving daily, as the agencies attempt to implement the proclamation, explained ILG. There are a number of unanswered implementation questions that they continue to seek answers for, including on renewals, changes of employer, amended petitions, cap-exempt petitions, extensions of stay applications, mode of payment for the fee, H-4 dependents and more.
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