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The USCIS memo released today: what it actually says
USCIS just released a one-page memo, and the key line is in bold: this proclamation only applies prospectively to petitions that have not yet been filed. That single sentence changes a great deal. Prospectively means going forward — so the new rules take effect from September 21st, 2025, but they only apply to petitions filed after that date.
Which H1B holders are protected under this memo?
Based on the USCIS memo, three groups of people are safeguarded from the new proclamation.
1. Your petition was already filed before September 21st, 2025
If your H1B petition was submitted before September 21st, 2025, the new rules do not apply to you. Your petition is assessed under the rules that were in place at the time it was filed.
2. You already have an approved H1B petition
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Book a Mock InterviewIf you have at least one H1B petition that has already been approved, the proclamation does not reach back and affect that approval.
3. You already hold an H1B visa — whether you are in the US or abroad
If you currently have a valid H1B visa, you are also protected — regardless of whether you are physically inside the United States or outside it right now.
The $100,000 fee clarification from the Secretary of State
There is one more piece of clarification worth knowing. The Secretary of State also released a statement confirming that the $100,000 fee is a one-time fee — not an annual charge as many people feared when the news first broke. That is a significant clarification and reduces some of the financial uncertainty that has been circulating.
What happens next
Things are still very dynamic. The situation is changing rapidly, and more official statements and press releases are expected imminently — likely within the next day or two. I am tracking all of this closely and will share updates as they come through. If you are in any of the three protected categories above, take a breath — but do stay close to reliable sources, because this is not over yet.
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