U.S. Announces New Rules and Fees for H-1B Visas

The U.S. government has announced new measures impacting the H-1B visa program. On September 19, 2025, the President signed a Proclamation on the Restriction on Entry of Certain Nonimmigrant Workers, representing an initial step toward reforming the H-1B program. Beginning at 12:01 a.m. (Eastern Daylight Time) on September 21, 2025, all new H-1B petitions must include an additional payment of $100,000 as a condition of eligibility.

At the same time, USCIS confirmed that it will continue processing H-1B, H-2A, H-2B, and CW-1 related petitions (Forms I-129 and I-129CW) during the current U.S. government shutdown. A government shutdown occurs when Congress fails to approve the federal budget on time, requiring several agencies to suspend their operations partially or entirely. As a result, many employers may face challenges obtaining required documentation, such as a Labor Condition Application or a Temporary Labor Certification issued by the Department of Labor, which may delay the filing of petitions.

If a petitioner can demonstrate that the government shutdown was the primary reason for failing to timely file an extension of stay or change of status request, USCIS may consider the delay as an extraordinary circumstance beyond the petitioner’s control. The agency will continue to monitor the situation and issue additional guidance as needed.

Furthermore, USCIS has announced that it has already received enough petitions to meet both the congressionally mandated annual cap of 65,000 regular H-1B visas and the additional 20,000 H-1B visas reserved for individuals with advanced degrees from U.S. institutions (known as the “master’s cap”) for Fiscal Year 2026.

The H-1B nonimmigrant visa classification applies to professionals seeking to perform services in a specialty occupation, to provide services of exceptional merit and ability related to a Department of Defense (DOD) cooperative research and development project, or to work as fashion models of distinguished merit or ability.