This page is intended for the Universities of Wisconsin.
We continue to monitor this Proclamation closely. We will provide updates as appropriate as more information becomes available. These answers are based on the information on the USCIS website and experiences that have been reported across multiple immigration professional associations as of 2 p.m. on October 21, 2025.
| Petition Status with USCIS | Impact of Changes |
| Approved before 9/21/2025 | Petition is not impacted ($100k fee not needed).
Employees may continue to work and travel without impact if they have a valid H-1B visa stamp in their passport. Additionally, the employee may apply for an H-1B visa stamp in the future ($100k fee not needed). |
| Petition was filed and pending with USCIS before 9/21/2025 (no decision yet) | Petition is not impacted. ($100k fee not needed).
Employee may apply for an H-1B visa stamp in the future ($100k fee not needed). |
| Petition was filed with USCIS on or after 9/21/2025. (Extension / Amendment / Change of Employer / Change of Status) | Petition is not impacted. ($100k fee not needed).
If the employee remains in the U.S. until the petition is approved and validity start date has passed, the fee does not apply to their H-1B visa stamp in the future. If the employee leaves the U.S. before the petition is approved and validity start date, the fee does apply to their H-1B visa stamp. Employees should consult IFSS about their specific case. |
| Petition Status with USCIS | Impact of Changes |
| Consular processed petition was approved before 9/21/2025. | Petition is not impacted. ($100k fee not needed).
Employees may enter the U.S. and work without impact once they have a valid H-1B visa stamp in their passport. |
| Petition was filed and pending with USCIS before 9/21/2025. (no decision yet) | Petition is not impacted. ($100k fee not needed).
Employees may enter the U.S. after the petition is approved and once they have a valid H-1B visa stamp in their passport. |
| Petition not yet filed with USCIS | Petition is impacted. Employer must pay the additional $100,000 payment before the H-1B petition is filed with USCIS.
Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in rare circumstances. Contact ifss@wisc.edu for more information. |
Frequently Asked Questions
We continue to monitor this Proclamation closely. We will provide updates as appropriate as more information becomes available. These answers are based on the information and experiences that have been reported across multiple immigration professional associations as of 2 p.m. on October 21, 2025.
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What is the difference between an "H-1B petition” and a “visa”?
The petition is the documentation that the University files with USCIS. A visa stamp is a physical sticker that a U.S. embassy or consulate in your home country places in your passport while you are outside the U.S. It shows you are eligible to apply for entry into the U.S. for a specific non-immigrant purpose, such as studying or working. The visa stamp and the petition must be for the same status.
SCENARIOS
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I have an approved H-1B petition with a valid H-1B visa stamp in my passport and am in the United States. Am I impacted?
No, you are not impacted because your H-1B petition was approved before September 21, 2025 and you have a valid H-1B visa stamp in your passport.
I have an approved H-1B petition and do not have a valid H-1B visa stamp, and am in the United States. Am I impacted?
No, you are not impacted. However, next time you leave the U.S., you must apply for and obtain an H-1B visa stamp in your country of nationality or residence before you can return to the U.S.
I have an approved H-1B petition with a valid H-1B visa stamp in my passport and am outside the United States. Am I impacted?
No, you are not impacted because your H-1B petition was approved before September 21, 2025 and you have a valid H-1B visa stamp in your passport.
I have an approved H-1B petition but do not have a valid H-1B visa stamp and am outside the United States. Am I impacted?
No, if your H-1B petition was submitted before September 21, 2025, you are not impacted.
I am a Canadian citizen and don’t need a visa stamp. Am I impacted?
Yes. If your H-1B petition was submitted after September 21, 2025 and your employer instructed USCIS to notify the Consulate, port of entry, or pre-flight inspection, you are required to show that your employer paid the $100,000 before you will be admitted to the U.S.
FEES
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I need to change my current status to H-1B inside the United States. Will the fee apply to my petition?
No, the fee does not apply to your petition if you stay inside the United States until USCIS approves the petition and the start date has passed.
If you depart the United States prior to USCIS approving the change of status petition and the start date, USCIS will deem you to have abandoned your change of status petition and you will be subject to the fee when you apply for your H-1B visa stamp.
I need to amend my H-1B status. Will the fee apply to my petition?
No, the fee does not apply to your petition if you stay inside the United States until USCIS approves the petition and the start date has passed.
If you depart the United States prior to USCIS approving the amended petition and the start date, you will be subject to the fee when you apply for your H-1B visa stamp.
I am currently in H-1B status and changing employers. Will the fee apply to my petition?
No, the fee does not apply to your petition if you stay inside the United States until USCIS approves the petition and the start date has passed.
If you depart the United States prior to USCIS approving the change of employer petition and the start date, you will be subject to the fee when you apply for your H-1B visa stamp.
My H-1B status will expire in the next six months and my employer wants me to keep working. Will my employer have to pay the fee when they file my H-1B extension petition?
No, the new $100,000 fee does not apply when your employer applies for an extension. Additionally, the fee will not have to be paid when you renew or apply for an H-1B visa stamp in your country of nationality or residence.
Are there exemptions to the fee?
Yes. The Secretary of Homeland Security can grant an exemption from this fee if she determines:
- a particular alien worker’s presence in the United States as an H-1B worker is in the national interest,
- that no American worker is available to fill the role,
- that the alien worker does not pose a threat to the security or welfare of the United States, AND
- that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.
Please contact IFSS at ifss@wisc.edu to discuss the exemption if you believe you meet all the criteria listed above.
The Universities of Wisconsin campuses are cap-exempt institutions. Does the new H-1B fee apply to cap-exempt institutions?
Yes.
How does my employer pay the fee?
Your employer submits the required $100,000 payment using their pay.gov account.
Can the employee pay the $100,000 fee?
Employers, not employees, are required to cover the fee. At this time, it is unclear if employees can contribute to payment.
Previous Messaging
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Updates to H-1B Presidential Proclamation Message (September 22, 2025)
This information is current as of September 22, 2025 at 5:15 p.m.
We want to share the most updated information on a recent Presidential Proclamation that affects the H-1B visa. Below is a summary of the key points of the original Proclamation issued on September 19, the subsequent clarifications from the White House (WH), U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP) regarding its implementation (posted on September 20 and 21), and our current understanding of the impact, as well as the actions you may need to take after considering your personal circumstances.
Summary of the Proclamation
On September 19, 2025, the White House issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.”
Here are the primary points of the Proclamation:
- It restricts entry into the U.S. of nonimmigrant workers under the H-1B visa category (specialty occupation workers) if a payment of $100,000 does not accompany their employer-sponsored petitions (see further agency clarification below on this point).
- The restriction only applies to individuals currently outside the U.S. who will apply to enter the U.S. in H-1B status (see further agency clarification below on this point).
- The Department of State will only approve the H-1B visas for which the filing employer has made the payment of $100,000.
- The effective date of the restriction is 12:01 a.m. Eastern Daylight Time on September 21, 2025. The restriction will be in effect for 12 months, starting from its effective date, unless extended by further WH action.
- Other changes include steps to revise prevailing wage levels and adjust policy to favor higher-paid, higher-skilled applications.
USCIS created a FAQ page to add clarity (Sunday, September 21): H-1B FAQ | USCIS
Updated Guidance on the Proclamation from USCIS and CBP (September 20, 2025)
Since the Proclamation was issued, the WH, USCIS, and CBP have provided important clarifications on the scope and implementation of this Proclamation, which can be found here and here.
According to this updated guidance:
- The Proclamation applies only to prospective H-1B petitions that have not yet been filed.
- It does not apply to:
- Beneficiaries of petitions filed prior to the Proclamation’s effective date (12:01 a.m. EST, Sunday, September 21, 2025),
- Beneficiaries of currently approved petitions, or
- Individuals currently holding validly issued H-1B visas.
- The Proclamation does not restrict the ability of current visa holders to travel to or from the United States.
- USCIS and CBP officers are directed to adjudicate cases in a manner consistent with this latest guidance.
This clarification confirms that the Proclamation does not affect the status of current H-1B employees, nor those with petitions already filed or approved.
What You Should Do Based on the Latest Updated Information:
- All UW–Madison-sponsored H-1B employees currently outside the U.S. who already have a valid H-1B visa and whose H-1B start date is in the past or who have a start date within the next 10 days can proceed with their travel plans back to the U.S. as usual and scheduled.
- We continue to advise caution to those H-1B visa holders currently in the U.S. regarding international travel, as this situation is rapidly evolving, and much remains unknown in the current environment.
- Before you decide to travel internationally, please consult with your unit or department to understand the potential risks and impacts.
We will provide more guidance as further updates become available. If you have any questions, please do not hesitate to contact IFSS at 608-890-4586 or ifss@wisc.edu.