On September 19, 2025, President Trump issued a "Proclamation" (Restriction on Entry of Certain Nonimmigrant Workers)1 requiring a $100,000 annual fee for all new H-1B visa applications filed after 12:01 a.m. Eastern Time on September 21, 2025. According to this Presidential Action, employers must first obtain and retain documentation showing that the payment was made before they can file a new H-1B petition.
The Proclamation specifically targets new H-1B visa petitions; it does not impact applications that were filed prior to the effective date or current H-1B holders seeking extensions. The White House has clarified that this change will not impact the ability of any current visa holder to travel to or from the United States. Additionally, the Proclamation includes an exception for petitions aiming to hire a foreign national who is deemed to be in the national interest and does not pose a threat to U.S. security or welfare. However, there is currently no further information about this national interest waiver.
The Proclamation also states that the Secretary of State shall provide guidance to prevent the misuse of H-1B visas by current holders whose employment start dates are prior to October 1, 2026. Therefore, it is likely that more changes to the H-1B program could be forthcoming that may affect current holders.
At this time, we recommend that those in H-1B status avoid international travel until there is more clarity on how the Proclamation will be enforced at the border. Furthermore, it is expected that the Proclamation will face legal challenges, and we will keep you updated on any developments.
Please reach out to us if you have any further questions. See USCIS Memorandum2 on the Proclamation.
Footnotes
2. https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
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