49 On September 19, 2025, the White House issued a Presidential Proclamation imposing a $100,000 filing fee for certain H-1B workers. The advent of this Proclamation has created a lot of uncertainty. The Department of Homeland Security has begun to issue clarifying guidance, and we expect more in the coming days, but some aspects of this initiative are already clear, and we lay them out below. Several groups have already announced that they intend to challenge the legality of the Proclamation since USCIS filing fees must bear a reasonable relationship to the cost for the agency to provide that service and the agency must also first publish them in the Federal Register. A federal judge may therefore quickly enjoin the Proclamation, preventing its implementation while the litigation proceeds. What Employers Need to Know About the New H-1B Executive Order Jonathan E. Meyer Partner Greg Berk Partner
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