Beginning at 12:01 a.m. EDT on Sunday, September 21, 2025 (the "Effective Date"), President Trump's September 19, 2025 proclamation restricts individuals seeking to enter the United States in H-1B status without payment of a $100,000 fee.
Since the announcement, U.S. government agencies have issued memoranda providing clarification. We expect further information, including details on implementation, to be announced shortly.
As things stand, the key takeaways are:
- The $100,000 payment applies to any new H-1B visa petitions submitted after the Effective Date, including applications for the 2026 lottery.
- The proclamation does not apply to any H-1B visas or any petitions submitted prior to the Effective Date.
- Individuals with a valid H-1B visa and/or an approved petition (i.e., an I-797 approval notice) are not prohibited from travelling into and out of the U.S.
- The situation remains fluid while we await further clarification.
On the same day, President Trump also announced a new Gold Card visa program. The official statement from the White House stated that the program is intended to "facilitate expedited immigration for aliens willing to make significant financial gifts to the United States." As with the H-1B fee, details, requirements, and implementation specifics have not yet been provided.
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