H1b Travel Ban and 100k Additional Fees Update (Sep 22,2025)

Here are the updates how the Proclamation impacts people in different scenarios. This is based on the Proclamation and recent updates.

Travel issue

Type of situation	Can I travel?	Remarks
You have valid H1b visa in the passport	Yes. You can travel.	Make sure you enter before the expiry of the H1b visa, and you have a valid job which you are resuming or going to start after entering USA.
You have valid H1b approval, and your most recent visa stamp was a H1b visa and this prior H1b visa stamp which has expired	No. Do not travel.	Although it is not advisable to travel, the FAQ of Department of State released says the ban does not apply for visa renewals. If you already had a H1b visa in the passport in the past and are going to apply for a H1b visa again then it should be considered as H1b visa renewal. So, this situation gives hope, but we need to have examples of real case scenarios where beneficiaries get H1b stamped.
You have valid H1b approval, and you never had a H1b visa stamp in the passport.	No. Do not travel.	This is typically the situation when someone changed their status to H1b from F-1 / L-1 / H4 and want to travel and get their H1b visa stamped. This is not a renewal but a first time H1b visa stamping. The FAQ issued by the Department of State only exempts “Visa Renewals” from Proclamation. So we will need more clarification from Department of State for people who fall under this category.

100k Fees Issue

Type of situation	100k Fees?	Remarks
H1b Extensions	No 100k	Proclamation and FAQ issued by White House says 100k fees does not apply for H-1B renewals.
H1b Amendments	No 100k	Proclamation or FAQ does not talk about amendments, but it is obvious 100k will not apply since you are just amending H1b. But a safer approach would be to file an H1b extension along with H1b amendment so the case will fall under renewal category too.
H1b Transfers	No 100k	Proclamation or FAQ does not talk about transfers. But at the time of filing the H1b transfer the box “Extend the stay” is selected, which is like renewing the stay. So H1b transfer should not require payment of 100k. Also, it will be against public policy not to allow someone to switch employers. It will go against the concept of H1b portability which was introduced so that beneficiaries will have flexibility in switching jobs.
B-2 to H-1B	Not clear	Talking about this category, since many H1b beneficiaries used to change their status to B-2 during grace period and then continue looking for jobs and then change status back to H1b. Proclamation clearly says 100k applies only for H1bs filed for workers who are currently outside USA, but the White House FAQ does not talk about this category (change of status to H1b) being exempted. Unless USCIS provides clarification, people who filed for change of status to B-2 will have an issue getting back to H-1b. This B-2 was an important tool in arsenal for people who did not find a job within sixty days. Hopefully USCIS allows change of status to H1b as something for which 100k payment is not required. Proclamation clearly says it only applies to workers outside USA.
Change of status from to H-1b from F-1 / L-1 / H-4 / B-1 etc	Not clear	Proclamation clearly says 100k applies only for H1bs filed for workers who are currently outside USA, but the White House FAQ does not talk about this category being exempted. If they stick to what the Proclamation says then this category will not require 100k fees. F-1 / H-4 / L-1 / similar status individuals are the only people who will be in USA for whom an Employer can file H-1b under the quota since if the Employer files for H-1b for someone outside USA then 100k fees will apply. So, if they restrict this category there will be no one eligible for the upcoming H1b quota unless 100k is paid. This issue is sure to attract lawsuits since there are thousands of people in USA in F-1 category and the Proclamation clearly says people in USA are exempted from this 100k fees. If this category is allowed to qualify for the H1b quota without 100k then they have a good chance of getting selected in the lottery since the H1b quota is shut out for people outside USA. So, the major IT firms will not be able to file H1b for workers from other countries.
H-1b for someone who is outside USA but does not come under the quota	Yes, for 100k	These are typically people who were counted in the H1b quota in the past six years or even earlier if they had spent some time in USA on H-1b. Sometimes some H1b beneficiaries decided to leave during grace period instead of filing B-2 or sometimes they took up job in other countries after being on H1b but again want to come back to USA on H1b and they have balance of six years left or have an approved 140 and they don’t come under the quota. They were a good pool of candidates for many employers but under this Proclamation a fee of 100k is required.
H-1b for someone who is outside USA and will come under the quota	Yes, for 100k	This is one category which has been clearly impacted. Many IT firms who were into implementing projects will feel the impact because they were the ones who were filing for people under this category. Of course one can pay 100k and file under the quota for people under this category but the beneficiary can come inside USA and get his H1b transferred so it really does not make any sense for any employer to make that kind of an investment.

This is an evolving issue as more and more updates we get from different agencies. So, subscribe to the Immigration Analytics newsletter and stay tuned.

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

Author's website Author's posts