50 In the interim here are some key takeaways: 1. The effective date is Sunday Sept 21 at 12:01 am EST. This means that any covered petition submitted as of that date and time must be accompanied by proof of payment of the $100,000 fee. 2. Most importantly, the Proclamation only applies prospectively, to petitions that have not yet been filed. This means that individuals and employers who have already filed their H-1B petitions and received approval from USCIS, are unaffected by the new $100,000 fee. USCIS and CBP have both issued memos to their managers, making this clear. The White House has also issued its own clarification. 3. This also means that H-1B holders should not be afraid to travel outside the U.S. CBP has instructed its staff that the Proclamation does not impact H-1B holders who travel, and the White House has confirmed this. CBP is also telling airlines overseas to board all H-1B passengers with valid visas and passports. 4. Similarly, employers filing an I-129 H-1B petition with a change of status, extension of status or change of employer for an employee in the U.S. should not have any issues. 5. As of now, the new fee only applies for the upcoming year. In April 2026, the State Department, DOJ, DOL, and DHS must jointly notify the White House if they recommend that these restrictions be continued for another year. 6. Once the rule takes effect, DHS is authorized to carve out exceptions for certain individuals, companies, or industries if it determines that to do so is in the U.S. national interest and does not pose a security threat. While this type of provision is not uncommon in laws of this type, it remains to be seen whether, and if so how often, DHS will avail itself of this authority, and if so, how it will construe this broad standard. The Courts could also view the way DHS implements this exception provision as arbitrary and capricious. Additional Guidance and Commentary » It appears the primary intent of the Proclamation is to target I.T. workers who are overseas and hoping to be selected in the March 2026 H-1B lottery. If they are overseas and their visa number is selected in the lottery, then the employer will have to file an I-129 petition, indicate consular processing, and pay the $100,000 filing fee prior to filing the petition. » When Congress created the H-1B program in 1990, it did not tie it to
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