09/24/2025
On September 19, 2025, President Trump issued a proclamation requiring a $100,000 fee for anyone seeking to enter or reenter the United States in H-1B status. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers, took effect at 12:01 a.m. EDT on September 21, 2025, and is set to expire after one year, though it may be extended.
This measure applies only to H-1B workers who are outside of the United States and whose petitions are filed after September 21, 2025.
According to USCIS, CBP, and the Department of State, the proclamation does not apply to:
– Beneficiaries of petitions filed before September 21, 2025
– Beneficiaries of currently approved petitions
– Individuals who already hold valid H-1B visas
– Current H-1B visa holders traveling in and out of the United States
No visas have been revoked, and renewals or extensions remain subject to the existing fee structure. The new $100,000 fee is a one-time charge, applying only to new petitions filed after the effective date. National Interest Exemptions may apply on a case-by-case basis.
While we now have some initial clarity, a number of important implementation questions remain unanswered, including:
– Whether visas will be issued for renewals, changes of employer, amended petitions, cap-exempt petitions, or for H-1B1s filed after the effective date without fee payment
– Whether extensions of stay applications (including changes of employer or amended petitions for those already in lawful H-1B status) or change of status applications filed on or after September 21, 2025, will be adjudicated without payment of the new fee
– Whether cap-exempt employers will be subject to the ban and the $100,000 fee, given references in the proclamation to the H-1B lottery
– How, in practice, the new fee will be paid, and what proof of payment will be required
– Whether the new fee will apply to H-4 dependents
– What documentation H-1B visa holders will need to present to CBP to demonstrate compliance with the proclamation
The Departments of State, Homeland Security, Justice, and Labor are expected to issue additional guidance in the coming weeks and months.
My team and I will continue to monitor developments closely and provide timely updates as new information is released. Employers and employees considering H-1B filings or travel should proceed with caution and stay informed as the situation evolves.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION The H-1B nonimmigrant visa program was created to bring temporary workers into the United