President Donald Trump issued a proclamation on Sept. 19, 2025, restricting the entry of certain H-1B nonimmigrants, with the purpose of addressing systemic abuse of H-1B nonimmigrant visas. The order mandates a $100,000 payment prior to filing H-1B petitions for workers currently outside the United States, with exceptions granted only if the worker, the employer of the worker or the industry of the worker is deemed in the national interest and does not pose a threat to U.S. security or welfare.
Summary
- The U.S. Department of Homeland Security and U.S. Department of State are tasked with enforcing compliance, verifying payments and denying entry to noncompliant petitions. The Department of State is directed to issue guidance to prevent misuse of B visas by beneficiaries of approved H-1B petitions whose employment start date is before Oct. 1, 2026.
- The restriction is set to last for 12 months, from Sept. 21, 2025 to Sept. 20, 2026, and may be extended based on recommendations from relevant federal agencies.
- On Sept. 20, 2025, the White House through Press Secretary Karoline Leavitt, along with the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, and U.S. Customs and Border Protection have since issued clarifying statements and memoranda.
- Pursuant to those statements, it is now underscored that the $100,000 fee is meant to apply to prospective petitions that have not yet been filed, and the fee is not applicable to individuals who already hold H-1B visas and who are currently outside of the country.
- Accordingly, these individuals will not be charged $100,000 to reenter, and H-1B visa holders are permitted to leave and reenter the country to the same extent as they normally would. Individuals with valid visas in other visa categories are not impacted.
- Moreover, DHS has clarified that this proclamation does not apply to individuals who are the beneficiaries of petitions that were filed prior to the effective date of the proclamation or currently have approved petitions or validly issued visas.
- This fee applies only to new visas, not renewals nor current visa holders, and will first apply only in the next upcoming lottery cycle. Further, the White House clarified this is not an annual fee, but rather a one-time fee that applies only to the petition. Nothing in the proclamation contravenes any of these official clarifications.
- Despite the additional clarifications, it remains unclear whether nonprofits and universities will be required to pay the $100,000 fee starting on the proclamation's implementation date.
- We note that, while there is nothing in the proclamation that appears to prevent H-1B workers with valid unexpired visa stamps from traveling outside of the United States and reentering, it is possible that there may be some confusion over the next few days for individuals with valid H-1B visas returning at ports of entry.
- In addition, there is nothing in the proclamation that appears to prevent H-1B workers with valid unexpired I-797 approved H-1B petitions from applying for and obtaining visa stamps at U.S. consulates abroad.
- Further, the U.S. Department of Labor has been tasked with auditing companies that use the H-1B visa program and for increasing the wage rates offered to H-1B workers by those companies.
- Finally, it is worth noting that the proclamation is likely to face court challenges, which could result in it being preliminarily enjoined (although the timeline on these lawsuits will not be instantaneous as has been seen in prior lawsuits).
Conclusion
In summary, the presidential proclamation introduces important changes to the H-1B visa program, most notably a substantial $100,000 fee for certain petitions originating outside of the United States. The proclamation aims to address system abuses and elevate wage standards. Exceptions tied to national interest and the scope of applicability, as well as the potential for judicial intervention, suggest that the proclamation's impact may evolve over time.
As federal agencies begin enforcement and potential legal challenges unfold, and as further information and guidance is known, Holland & Knight's Immigration Team will be providing further updates – and will also keep monitoring for additional developments and clarification, which should be coming soon.
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