I have a valid H-1B visa β can I still travel home for the holidays under the $100,000 H-1B fee proclamation?
Short answer: yes, according to every official clarification issued so far. On September 19, 2025, the President signed a proclamation requiring a $100,000 payment to accompany certain new H-1B petitions, effective 12:01 a.m. EDT on September 21, 2025, for a 12-month period. But USCIS and the State Department both confirmed the fee does not apply to previously issued, currently valid H-1B visas or to petitions filed before the effective time β and USCIS stated the proclamation "does not prevent any holder of a current H-1B visa β¦ from traveling in and out of the United States." As of October 14, 2026, that guidance still stands.
What the proclamation actually does
| Fact | Detail |
|---|---|
| Signed | September 19, 2025 |
| Effective | 12:01 a.m. EDT, September 21, 2025 |
| Duration | 12 months (expires around September 2026, unless extended or replaced) |
| Fee payment | $100,000 via pay.gov before filing; refunded if petition denied |
| Who pays | The petitioning employer, not the worker β it is separate from and does not replace standard USCIS filing fees |
Despite being legally framed as a restriction on entry, the proclamation is implemented as a petition fee. That distinction is why existing holders are unaffected: the fee attaches at the petition-filing stage, and your petition was filed long ago.
Who is in scope and who is not
| Category | $100,000 fee? |
|---|---|
| New H-1B petitions filed on/after Sept 21, 2025, for beneficiaries outside the US without a valid H-1B visa (including FY2026 lottery entries) | Yes |
| Petitions filed before 12:01 a.m. EDT Sept 21, 2025 | No |
| Holders of previously issued, currently valid H-1B visas | No |
| Extensions and renewals of H-1B status | No β confirmed exempt by USCIS and White House guidance |
| Amendment / change-of-status / extension-of-stay petitions for people already inside the US | No, per USCIS clarification (change-of-employer amendments were initially flagged as uncertain in September 2025) |
| National-interest exceptions granted by the Secretary of Homeland Security | Fee may be waived |
The State Department's September 22, 2025 statement confirmed renewals are unaffected and existing holders face no travel restriction.
Traveling with a valid H-1B visa: the practical checklist
The fee is not your risk β ordinary reentry requirements are. To reenter the US you still need:
- An unexpired H-1B visa stamp in your passport (the foil, not just the approval notice).
- A valid I-797 approval notice for your current petition.
- An unexpired passport (valid well beyond your intended stay).
- Proof of current employment: recent pay stubs (attorneys recommend carrying the two most recent), an employment verification letter, and your job title matching the petition.
- A valid I-94 on return β CBP issues a new one at each admission; check it after every entry, because the I-94 date (not the visa stamp) controls how long you may stay.
Two genuine travel risks to weigh, neither of them the fee:
- Administrative processing / visa renewal delays. If your stamp has expired and you need a new one at a consulate abroad, plan buffer time for normal (sometimes lengthy) processing.
- The broader enforcement climate. DHS and State have signaled further H-1B reforms (prevailing-wage rulemaking, lottery prioritization of higher-paid workers). None currently restrict travel by valid visa holders, but the landscape is moving β check for updates close to your travel date.
What is confirmed vs. uncertain, date-stamped October 14, 2026. Confirmed: the $100,000 fee applies only to covered new petitions; existing valid visa holders and renewals are exempt; travel in and out is not restricted. Uncertain: whether the proclamation will be extended beyond its ~12-month term (set to expire around September 2026); what successor rules, if any, will govern new petitions; and the final shape of the DOL wage and DHS lottery reforms previewed alongside it.
Frequently asked questions
I'm in the 60-day grace period after a layoff. Can I travel?
Travel during the grace period is strongly discouraged. Departing while you have no valid H-1B employment generally ends any grace-period protection, and you would need a valid visa stamp plus a new petition to return. Handle status first, travel later.
Does the fee apply to H-1B amendments when I change employers?
Per USCIS clarification, amendment, change-of-status, and extension petitions for individuals already inside the US are not subject to the fee. This was flagged as uncertain in the first days after the proclamation (September 2025) but was subsequently clarified. As always with fast-moving policy, confirm against current USCIS guidance before relying on it.
Sources
- Entry source: https://www.rnlawgroup.com/h-1-b-proclamation-what-we-know-and-what-we-dont-as-of-september-22-2025/
- USCIS guidance on the $100,000 H-1B fee (scope, pay.gov payment link, travel FAQ: proclamation "does not prevent any holder of a current H-1B visa β¦ from traveling in and out of the United States")
- US Department of State statement, September 22, 2025 (fee does not apply to previously issued visas or petitions filed before 12:01 a.m. EDT September 21, 2025; no travel restriction on existing holders; renewals unaffected)
- White House / DHS coordination guidance on implementation across USCIS, CBP, and consular posts
Scope and travel rules cross-checked against USCIS and State Department clarifications, as of October 14, 2026.