Presidential Proclamation Creates $100,000 H-1B Fee for Certain H-1B Workers
On Friday, September 19th, President Trump signed a Presidential Proclamation restricting the the entry of anyone seeking to enter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers became effective at 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year. The text of the proclamation, the White House's FAQs/clarifications, and a USCIS memo, all have contradictory information, so we are still waiting for clearer details from the various governmental agencies on who exactly it affects.
While we wait for details regarding implementation, below are key points and considerations:
The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S., pursuant to INA 212(f).
The restriction on entry applies only to H-1B workers whose petitions are filed after the effective date, and attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the U.S. with valid H-1B visas.
However, it could impact some who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.
USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S. Currently there is no means to make the $100,000 payment nor instructions on how to do so.
Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly mentioned in the proclamation. However, the White House issued an H-1B FAQ and USCIS issued a memo over the weekend, both which contradict the text of the proclamation.
Guidance from the White House indicates they intend this to apply to next spring’s H-1B lottery beneficiaries outside the U.S., but it does not reference whether cap exempt employers are subject to the proclamation, which includes universities, many hospitals, non-profit research organizations, and non-profit governmental organizations.
The Secretary of Homeland Security is authorized to make exemptions to individuals, companies, or entire industries if they believe that the hiring of such H-1B workers is in the national interest and does not pose a threat to the security or welfare of the U.S.
This information is up to date as of 4:20pm EDT on September 22, 2025.
