Update: Presidential Proclamation on H-1B Entry

Dear Colleagues,

At this time we can provide a few updates regarding the Presidential Proclamation signed on September 19, which imposes a $100,000 fee for H-1B petitions “filed after 12:01 AM ET on September 21, 2025”.

• Formal guidance has been issued by CBP (Customs and Border Protection) and USCIS (U.S. Citizenship and Immigration Services) stating that individuals currently in H-1B status with an approved employment-based H-1B petition (which was filed before September 21, 2025) and a valid H-1B visa stamp may continue to travel internationally and will not be required to show proof of payment of the fee upon re-entry to the U.S.
• The Department of State has posted that the restrictions on H-1B visa issuance (new or renewal) do not apply to individuals who have an H-1B approved petition filed with USCIS prior to September 21, 2025.
• Informally a post on X by White House Press Secretary Karoline Leavitt provided additional information (edited for length): It is not an annual fee, but a one-time petition fee. Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would. This applies only to new visas, not renewals. It will first apply in the next upcoming lottery cycle.
   

We are sharing this information directly with impacted employees. We expect further agency guidance and likely litigation to resolve some of the issues that remain unknown based on contradictions between comments and formal guidance.

There are a number of items for which we do not have answers. A brief summary is below:

H-1B Extension Petitions: There are clear indications that the fee is not intended to apply to petitions granting an extension of H-1B status (i.e. those already in H-1B status in the U.S. working for KU whose current end date is approaching and requires an extension to remain in the U.S. and to continue to legally work for KU). However, implementation guidance is not entirely clear on this. We believe that clarification will be forthcoming.

H-1B Change of Status Petitions: We do not have clear USCIS guidance on whether the fee will apply to petitions filed to change someone’s immigration status within the U.S. to H-1B from another nonimmigrant status (i.e. those in the U.S. working for KU in F-1, OPT, or J-1 status).

National Interest Waivers: There is a provision to claim a National Interest Waiver from the fee, though no specific criteria or process has been detailed for employers.

Cap Exemption: There are repeated references to the 2026 H-1B Cap-Subject Lottery process throughout the Proclamation, FAQs and comments, which may be the intended target of the action. Clarifying information for cap-exempt employers (higher education) has not been issued at this time.

As clarification and more information is received, it will be actively shared with the KU community. We understand the many challenges this proclamation has brought to our international employees and for our units engaged in recruitment and hiring activities. Questions may be directed to Keeli Nelson (keelinelson@ku.edu) and Emily Lee (emilylee@ku.edu) at Human Resources.

It is our highest priority to provide information to you as soon as it is available.

Sincerely,

Angie Loving

Vice Chancellor for Human Resources – Lawrence & Edwards Campuses

Charli Bankart

Vice Provost for International Affairs and Senior Internationalization Officer