Immigration News

September 22, 2025

Updated Information: Proclamation Imposing a $100,000 Fee on H-1B Visa Entry & Restrictions — What H-1B Employees and Employers Need to Know

What Happened

On September 19, 2025, President Trump signed a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which imposes a $100,000 annual fee for certain H-1B petitions, along with new restrictions on entry into the United States.

Key details:

• The proclamation took effect Sunday, September 21, 2025, at 12:01 a.m. Eastern Daylight Time.
• It restricts the entry into the U.S. of H-1B workers unless this $100,000 fee is paid, or a “national interest exception” (NIE) applies.
• It gives DHS (Department of Homeland Security) and the Department of State authority to enforce the fee requirement.
  • U.S. Citizenship and Immigration Services (USCIS) has issued guidance  available here, and a set of FAQs, available here.
  • U.S. Customs and Border Protection (CBP) has also issued guidance, available here.
  • The Department of State (DOS) has posted guidance to all consular offices, however, they have not made their guidance public.
• The restriction is aimed at foreign nationals who seek to enter the United States on H-1B status after the effective date.
• The proclamation allows for national interest exceptions, potentially at the level of individuals, employers, or industries, if USCIS/other agencies determine that granting an exception is in the U.S. national interest and does not threaten security or welfare.
• The restriction is for 12 months (with the potential for extension).

Further steps that agencies will take, under the proclamation include:

• Rulemaking by the Department of Labor to revise and raise the prevailing wage levels.
• Rulemaking by the Department of Homeland Security to prioritize high-skilled, high-paid H-1B lottery registrations.

What Has Been Clarified by the Agencies Involved:

1. The proclamation does not apply to previously issued H-1B visas – those visa holders may continue to travel in and out of the U.S. as before.
2. The proclamation does not apply to any H-1B petitions submitted before the proclamation took effect.
3. H-1B “renewals” are not subject.
4. The fee is a “one time” fee and not required annually.
5. White House Press Secretary Karoline Leavitt stated in a post on “X” on 9/20/2025 that, “It will first apply in the next upcoming lottery cycle.”

What Remains Unclear at This Time

1. Whether any “change of status” H-1B petitions will be required to provide the fee after 9/21/2025, unless they meet a National Interest Exception.
2. How “National Interest Exceptions” will be implemented — process, criteria, lead times.
3. How fee payment would be made exactly (mechanisms, to which agency, whether per year, up front, etc.).
4. Whether challenge in court may stay or block enforcement. Legal experts are widely predicting lawsuits to be filed, challenging the implementation.

What Employers and H-1B Visa Holders Should Do at This Time

To manage risk, ensure compliance, and protect rights, here are steps you should consider:

For Employers:

1. Continue to file H-1B petitions requesting a change of employer, an amendment, extension of stay.
2. File cap-exempt petitions requesting change of status, with a request for National Interest Exception. This is the only scenario for H-1B filing that has not been clarified by guidance as of today (9/22/25). We will include arguments that the petition is exempt from the proclamation, when applicable in the case of a change of status petition.
3. Monitor regulatory guidance from DHS, USCIS, and the State Department for details on payment process, which petitions/visas are affected.
4. Await the outcome of potential litigation. It is likely that one or more Temporary Restraining Orders (TROs) will be issued in the coming days that will halt implementation of the proclamation.

For H-1B Visa Holders:

1. Maintain documentation of status, petition approval dates, and visa issuance or entry dates (if applicable).

Conclusion

This proclamation represents a significant and sudden overhaul to U.S. employment‐visa policy. We will monitor the situation in the coming days and advise accordingly. We are working internally to identify anyone who may be affected. Please do not contact us on an individual basis unless you are immediately impacted.