H-1B Visas in Flux: Understanding President Trump's $100,000 Fee Proclamation

On September 19, 2025, a presidential proclamation introduced a $100,000 fee for certain H-1B petitions, creating widespread panic and confusion for employers and foreign professionals. While a subsequent USCIS memorandum on September 20th provided critical clarifications, significant questions remain.

This one-hour CLE program, presented by immigration law expert Sweekrutha Shankar and moderated by business attorney and litigator Gigio K. Ninan, provides a timely and practical analysis of this rapidly evolving situation. Ms. Shankar, who manages an immigration practice processing over 850 H-1B petitions annually, will offer an in-depth look at the H-1B visa category, from the foundational legal concept of a "specialty occupation" to the practical challenges of meeting the regulatory criteria.

The presenters will break down the presidential proclamation's text, its stated rationale of curbing program abuse, and the clarifications that followed. Listeners will gain a clear understanding of who is affected by the new policy and who is exempt, and will explore the critical ambiguities that practitioners must now navigate, including the definition of a "new" petition and the national interest waiver process. This program is essential for any attorney advising clients on business immigration matters in the current landscape.

Learning Objectives:

1. Identify the core legal requirements of the H-1B visa category, including the two-pronged definition of a "specialty occupation" and the four alternative regulatory criteria used to prove that a position qualifies
2. Analyze the key provisions of the September 19, 2025, Presidential Proclamation, including its stated justification for addressing program abuse, its scope, and the introduction of the $100,000 employer fee
3. Evaluate the impact of the clarifying memorandum issued by USCIS, distinguishing between the specific populations that are affected and those that are exempt from the new policy
4. Recognize the critical ambiguities that remain-such as the definition of a "new" petition and the procedures for the national interest waiver-and advise clients on practical next steps and risk mitigation strategies in light of the new rule