On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. The measure, announced in a live White House address and accompanied by a fact sheet, introduces a $100,000 fee requirement for certain H-1B visa petitions.
The proclamation takes effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and will remain in place for 12 months unless renewed. Initial reports caused confusion among employers and H-1B workers due to unclear provisions.
On September 20, 2025, White House Press Secretary Karoline Levitte clarified via X that:
- Not an annual fee – The $100,000 is a one-time fee that applies only to the petition.
- Current H-1B visa holders abroad are not impacted – Individuals who already hold valid H-1B visas will not be charged $100,000 to reenter. They may continue to travel internationally and reenter the United States as usual.
- Applies only to new visas – The fee requirement does not apply to renewals or current visa holders. It will first apply in the next upcoming lottery cycle.
Both Customs and Border Protection (CBP) issued a memoranda confirming that the proclamation applies only prospectively. CBP stated:
“The Proclamation applies prospectively to petitions that have not been filed. It does not impact aliens who are beneficiaries of currently approved petitions, any petitions filed prior to 12:01 AM ET on September 21, 2025, or aliens in possession of validly issued H-1B nonimmigrant visas.”
USCIS issued similar guidance and Q&A, instructing adjudicators that decisions must align with the proclamation and clarifying that it applies only to petitions filed on or after the effective date.
Key Provisions of the Proclamation
Effective Date and Duration
- Effective September 21, 2025, for a 12-month period unless extended.
Scope
- Applies only to new H-1B visas filed after the effective date, beginning with the next lottery cycle.
- Does not affect renewals, extensions, or current visa holders.
Fee Requirement
- A one-time $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025.
Impact on Current Visa Holders
- Individuals with valid H-1B visas are not required to pay the fee.
- H-1B workers may continue to travel internationally and reenter the U.S. without change.
Future Review
- By March 2026, federal agencies must provide recommendations on whether the proclamation should be extended.
Prevailing Wage Revisions
- The Department of Labor is directed to propose updated wage levels prioritizing higher-paid and higher-skilled foreign nationals.
Exceptions
- The Department of Homeland Security may grant case-by-case exceptions for individuals, employers, or industries where entry is deemed in the national interest.
Areas of Uncertainty
- It is not yet clear whether the fee applies to change-of-status petitions filed within the United States, such as F-1 students transitioning to H-1B status. CBP’s memo suggests the fee applies only to individuals outside the U.S., while USCIS’s guidance does not explicitly state this limitation.
Practical Steps for Employers and Employees
- Plan ahead for the 2026 H-1B lottery cycle, which will be the first subject to the new fee.
- Reassure current H-1B employees that their travel rights and reentry to the U.S. remain unchanged.
- Budget for increased petition costs when sponsoring new H-1B workers.
- Review upcoming international travel plans for H-1B workers to ensure that they are not affected by the recent updates/changes.
- Document everything clearly (status, job offers, filing receipts).
- Ensure that your H-1B employee's employment offer letter, degree & credential documentation, job duties are clearly aligned with what is on Form I-129. If working through a third party, ensure relationships are documented.
- Employers should be aware of which roles may need reclassification, updated job descriptions; consult counsel for risks related to international travel in your particular case.
- These policies are evolving (e.g. the White House clarifications). Monitor for agency guidance (USCIS/CBP/State) that may further define scope and exceptions. Note: We will continue to update our blog and social media channels as new developments arise.
- Avoid non-urgent travel until after rules settle, especially if you have any pending petitions or renewals. For essential trips, ensure all paperwork is in order, and allow extra time for delays.
- Consult counsel before travel or filings, especially for change-of-status cases.
Background on the H-1B Program
The H-1B visa program allows U.S. employers to hire foreign professionals in specialty occupations requiring at least a bachelor’s degree in a related field. Employers must pay at least the prevailing wage for the geographic area to protect U.S. workers.
Looking Ahead
The proclamation establishes a significant new cost for future H-1B petitions, while leaving current visa holders and previously approved petitions unaffected. CBP and USCIS guidance confirm that the rule applies prospectively to petitions filed after September 21, 2025.
Uncertainty remains regarding its application to change-of-status petitions filed within the U.S. Employers and individuals are advised to monitor agency guidance and seek legal counsel before filing or making travel plans.
Historically, changes to H-1B program fees and wage levels have gone through the standard rulemaking process with public notice and comment. Because the proclamation imposes new financial and entry restrictions outside that process, legal challenges are expected.
Our office will continue to track developments and provide updates as additional clarifications become available.
