On September 19, 2025, President Trump issued an Proclamation (EO) titled, "Restriction on Entry of Certain Nonimmigrant Workers." This Proclamation has conflicting language, but appears to require the payment of a $100,000 fee for any H-1B worker who enters the Untied States as of 12:01 am on Sunday, September 21. This requirement will take effect for 12 months, until September 21, 2026. The stated rationale in the Proclamation is that there has been "systemic abuse" of the H-1B program.
Immediate Impact
This Proclamation takes effect at 12:01 am on Sunday, September 21. Mintz recommends that H-1B workers do not depart the United States until there is more clarity about this new fee requirement.
Requirements of the Proclamation
The Proclamation appears to require that any H-1B petition filed for a worker who will enter the United States must be "accompanied" or "supplemented" by a $100,000 payment, with limited exceptions.
The Proclamation does not provide any guidance on how an existing H-1B petition can be "supplemented" with a $100,000 fee payment.
Exceptions
It appears that the $100,000 payment is not required for petitions filed for H-1B workers who are already in the United States.
In addition, the $100,000 payment does not need to be paid if Department of Homeland Security determines that the hiring of the H-1B worker, "is in the national interest and does not pose a threat to the security or welfare of the United States."
Likely Judicial Challenge
We expect that this Proclamation will be challenged in federal court on Monday. United States Citizenship and Immigration Services fee increases generally must be implemented either by publication in the Federal Register, or by the implementation of new laws. This dramatic fee increase, issued through an Proclamation, will likely face judicial scrutiny and could likely be delayed by a temporary injunction from a federal court.
Conclusion
H-1B workers should remain in the United States until there is additional clarity and potential judicial action on this Proclamation.
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