Immigration
Important Information
Immigration Update – H-1B Proclamation ($100,000 filing fee)
On Monday, October 20, 2025, USCIS released additional guidance on the H-1B Proclamation:
The USCIS guidance represents a narrow reading of the Proclamation. It now appears that the Proclamation will only impact new H-1B petition for aliens outside of the U.S. and requiring consular processing, or new petitions for beneficiaries in the U.S. who must first consular process or require port-of-entry notification.
Under a section titled “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers,” it says:
The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.
In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.
The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025. In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.
The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
We have drafted a FAQ to help Ƶ understand the H-1B Proclamation and when the $100,000 filing fee is required.
Q: If an employer files an H-1B change of status petition in the future for an F-1 student on OPT or STEM OPT is the $100,000 required?
A: No. So long as the F-1 student is in valid status and eligible to change status in the U.S., the $100,000 fee does not apply.
Q: If a foreign national is outside of the U.S. without status, and an employer hopes to file an H-1B petition for that foreign national, is the $100,000 fee required?
A: Yes. If the H-1B beneficiary (employee) is required to consular process or appear at a port-of-entry to obtain their H-1B status, the fee will be required.
Q: If I received an F-1 visa stamp after the effective date of the Proclamation (September 21, 2025), and an employer later files an H-1B petition for me while I am in the U.S., will the $100,000 fee apply?
A: So long as the petition is being filed as an amendment, extension, or change of status, the fee should not apply. The October 20, 2025 USCIS guidance does not provide any stipulations that require the foreign national to already be in the U.S. or already have their visa status prior to September 21, 2025 (the H-1B Proclamation effective date). In fact, the guidance states the fee “does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States.”
Q: Will a current H-1B beneficiary or a future H-1B beneficiary of an H-1B petition amendment, change of status, or extension of stay require the $100,000 filing fee?
A: No. Based on the guidance, it appears the fee does not apply to petitions requesting an amendment, change of status, or extension of stay within the U.S. If the individual is outside of the U.S. or if a change of status is unable to be granted (for example, if someone holds TPS and cannot change status to H-1B inside the U.S.), then the fee would be required.
Q: Will current (or future) H-1B visa holders be prevented from leaving the U.S. and re-entering if the $100,000 filing fee is not paid?
A: No. For those who received their H-1B status in the U.S. via a change of employer, change of status or amendment/extension petition, travel abroad does not trigger the need to file the $100,000 filing fee. However, if a beneficiary of a change of status petition departed the U.S. prior to approval, then they would be subject to the $100,000 fee as the petition would be approved for “Consular Processing” rather than as a change of status.
H-1B Executive Order (signed September 19, 2025)
The University and our outside immigration counsel are aware of the H-1B executive order that was signed by President Trump on Friday afternoon. We are continuing to gather information about the executive order and analyze what impact(s) it may have on the University and its workforce. USCIS has provided a page where you can read some of the publicly available information here: . We will provide more information to our University community as soon as additional guidance is available.
Department of State Updates Interview Waiver Categories (effective September 2, 2025)
On July 25, 2025, the Department of State announced that it will update the categories of applicants that may be eligible for a waiver of the nonimmigrant visa interview. All nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer except:
- Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
- Applicants for diplomatic- or official-type visas; and
- Applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil (for Mexican nationals) within 12 months of the prior visa’s expiration, and who were at least 18 years old at the time of the prior visa’s issuance.
Visit the following webpage for more information:
Presidential Proclamation on Entry to the United States (effective June 9, 2025)
If you are planning international travel in the coming weeks, please be aware of evolving U.S. federal travel restrictions that could impact certain foreign nationals from entering or reentering the United States.
Effective 12:01 am EDT on June 9, 2025: The White House issued a suspending the entry of certain foreign nationals into the United States. Entrance into the United States is “fully” restricted for nationals of 12 countries and “partially” restricted for nationals of 7 countries.
Entry is fully restricted for nationals of the following countries: Afghanistan, Burma (Myanmar), Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Somalia, Sudan, and Yemen. The proclamation suspends entry of “immigrants and nonimmigrants.”
Entry is partially restricted for nationals of the following countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. The proclamation suspends entry of “immigrants, and [ . . . ] nonimmigrants on B, F, M, and J visas.”
Possible Future Suspension: The federal government will review the list of impacted countries within 90 days, and countries may be added to or removed from these lists.
The current iteration of this proclamation only applies to citizens of the designated countries who are outside the U.S. and do not have a valid visa. However, even if you do possess a valid visa, it is important to carefully consider the necessity of future international travel.
Exceptions to the travel ban include foreign nationals who are lawful permanent residents (i.e., green card holders), dual nationals of one of the 19 countries above when the foreign national is traveling on a passport issued by a non-designated country, individuals who have been granted asylum, refugees, diplomatic and international organization visas, among other limited exceptions. Discretion is also granted to the Attorney General and the Secretary of State to create exceptions for individuals whose entry into the United States is deemed to serve a critical national interest.
This guidance is intended to provide general information and does not contain immigration advice for any individual.
Alien Registration Requirement (effective April 11, 2025)
- U.S. Citizenship and Immigration Services (USCIS) issued guidance on the newly-implemented , following . This requires non-U.S. citizens to register with the U.S. federal government under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
- Those in F-1, J-1, H-1B, TN, O-1, and any dependent family members who entered the United States at the age of 14 or older were automatically registered with the U.S. government at the time they arrived in the United States and no further action is needed.
- The serves as proof of registration and can be printed out as evidence of compliance.
- Please note, nonimmigrant dependent children (for example, F-2, J-2, H-4, O-3 dependents, etc.) who turned 14 while inside the United States, must now register or re-register under this directive within 30 days of turning 14.
- This new registration is accessible through Form G-325R, Biographic Information (Registration). This form must be filed online through a USCIS online account. It cannot be filed by mail or in person.
- Separate, but equally important, is the requirement to notify USCIS of any changes of address within 10 days of moving. Instructions for filing an AR-11, Change of Address can be found .
- If you have any questions, please contact patterson@ohio.edu.
Important International Travel Reminders (updated May 2, 2025)
As we near the end of the academic year and approach Summer break, we want to provide the following reminders and best practices if you are planning to travel outside of the United States in the coming weeks.
Travel Documentation:
If you decide to travel, confirm you have all required documents for your visa status type. If the visa stamp in your passport has expired, you will need to apply for a new visa stamp to reenter the United States. U.S. Department of State consulates and embassies experience a high volume of visa applications during the summer travel season. are updated monthly and wait times are subject to change.
The list provided below is a Travel Document Checklist for H-1B nonimmigrant status holders. If you hold a nonimmigrant status other than H-1B, please contact patterson@ohio.edu to inquire about necessary documents for international travel. Please also contact patterson@ohio.edu to request items 1), 2), and 6) listed below—
- Original Form I-797, Approval Notice and original I-94 Record (if applicable). It is also recommended to keep a photocopy of the entire I-797 Approval Notice;
- Copy of Ƶ’s H-1B Petition, Labor Condition Application, and Letter of Support;
- A passport valid for at least six months beyond the date you plan to reenter the U.S.;
- Valid, unexpired visa stamp;
- Three most recent paystubs (paystubs may be found at My Personal Information (MPI) | Ƶ);
- Letter of employment verification.
U.S. Customs and Border Protection Screening:
All persons, baggage, and goods entering the United States (by land or by air) are subject to inspection by U.S. Customs and Border Protection (CBP). CBP inspection locations also include , such as Dublin and Toronto. In recent months, the U.S. Department of State and U.S. Department of Homeland Security have increased the level of review for international travelers seeking visa issuance and entrance to the United States.
- CBP officers may ask you questions about the purpose, length, destination, and activities you participated in during your travel outside the U.S.
- CBP officers could request to inspect your personal belongings and possibly, including social media accounts.
- CBP officers may also ask you about your current employment in the United States.
These questions and requests are not uncommon and should not cause alarm; however, secondary inspection can result in travel delays. Plan flexible travel when returning to the United States.
Travel Restrictions:
U.S. immigration policies are subject to change. Federal travel restrictions could impact one’s ability to reenter the country, regardless of visa status type. Additional information about potential travel restrictions and enhanced vetting may be found .
We continue to monitor U.S. immigration policy updates and are prepared to communicate any changes as new information becomes available.
This guidance is intended to provide general information and does not contain immigration advice for any individual.
Helpful Links
Guidance Related to Immigration Enforcement on OHIO Campuses