New USCIS rules: proof of payment required for H-1B visas

paola vanessa romero rondon
9 hours ago
4 min read

If you are an immigrant or aspire to work in the United States under a professional work visa, it is important for you to know that there is a relevant legal change. As of September 21, 2025, the U.S. Citizenship and Immigration Services (USCIS) requires that new H-1B visa applications must be accompanied by proof of payment of $100,000 USD or a waiver issued by the Department of Homeland Security (DHS).

In this article we explain in simple terms who is affected, what this payment means, who is exempt and what steps to take.

What is the H-1B visa?

The H-1B visa is a type of visa that allows skilled foreign workers to be employed in specialized positions in the U.S. when a U.S. company sponsors a foreign worker with a college degree or equivalent.

This program is widely used in technology, agriculture, medicine, energy, among other sectors.

What changed as of September 21, 2025?

The new requirement

Donald Trump signed a proclamation:"Proclamation on Restriction on Entry of Certain Nonimmigrant Workers," September 19, 2025, which became effective September 21, 2025 at 12:01 a.m. U.S. Eastern Time.
New H-1B petitions filed on or after that date must include an additional payment of $100,000 (or proof of payment) as a condition of visa eligibility.

This is a one-time payment (only once per petition) and does not apply to renewals or extensions for existing visa holders.

Who is affected?

To workers applying for a new H-1B visa whose form was filed on or after September 21, 2025.
It does not apply to those who already have a valid H-1B visa, those who filed before September 21, 2025, or those who are only renewing or extending their status.
It is clearer that the payment applies when the petition involves the worker being outside the U.S. seeking entry or reentry under H-1B.

What happens if the proof of payment or proof of exemption is not presented?

The USCIS agency indicates that "applications subject to payment ... that are filed without proof of payment or without proof of exemption will be rejected".

How and why was this change approved?

The government justifies this change by arguing that the H-1B program has been used to replace U.S. workers with foreign workers in specialized positions at lower cost. The measure is intended to encourage companies to give priority to U.S. workers.

The higher fee makes it more difficult for new hires of foreign workers under H-1B, especially for those outside the country.

Although H-1B is commonly associated with the technology industry, the new measure may affect other sectors as well:

Agriculture
Renewable energy
Medicine and health
Higher education

Among others, since the change does not limit the measure to a single industry (according to analysis by immigration lawyers).

Who is exempt from the USD 100,000 payment?

Individuals who already have an approved H-1B visa prior to September 21, 2025.
H-1B extensions or renewals for those already in the country with valid status.
Cases that can obtain a certificate of exemption issued by DHS for reasons of "national interest".
Cases where the petition was filed before September 21, 2025, even if the worker enters later.

What should H-1B immigrants or applicants do?

Here are some simple steps you can follow:

Check the filing date of the H-1B petition: if it is on or after September 21, 2025, the new requirement applies.
If you already have the H-1B visa or your petition was filed before that date, check that it is in order to avoid falling under the new fee.
If you are going to be sponsored and you are outside the U.S., make sure the company is aware of the 100,000 USD payment or arrange for a waiver.
Consult with an immigration attorney if your case falls under any exceptions (e.g., "national interest") or if your status is a change of employer, transfer, etc.
Stay up to date: the law and regulations may change, and some details are still being implemented.

SOURCE: El Nuevo Herald

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