Be aware of major H-1B changes: $100K payment + increased DOL scrutiny

The H-1B compliance landscape is shifting significantly. Two recent developments—a presidential proclamation and the Department of Labor’s (DOL) new Project Firewall initiative—mean that employers face both new costs and heightened scrutiny in managing their H-1B workforce.

$100K payment

The presidential proclamation, issued on September 19, 2025, requires that H-1B petitions for a worker located outside the United States include (or be supplemented by) a $100,000 payment. Unless that payment is made, U.S. Citizenship and Immigration Services (USCIS) must deny the petition, and the State Department is barred from issuing an H-1B visa. The proclamation also directs agencies to begin raising prevailing wage levels for H-1B workers, signaling additional changes on the horizon.

Importantly, the Department of Homeland Security (DHS) has clarified that the proclamation applies only to petitions filed on or after the effective date. It does not apply to:

• Beneficiaries of petitions filed before the proclamation took effect;
• Beneficiaries of currently approved petitions; or
• Foreign nationals holding valid H-1B visas.

USCIS officers have been instructed to ensure decisions align with this guidance. Current visa holders may continue to travel to and from the United States without being affected by the new requirement.

DOL audits