On September 19, 2025, President Trump issued a Presidential Proclamation restricting the entry of H-1B workers into the US unless a new fee of $100,000 is paid or a national interest exception applies. This restriction went into effect on September 21, 2025, and is valid for one year. The proclamation fails to address how it will apply to the multitude of ways that foreign workers obtain H-1B visa status, the types of H-1B petitions to which it will apply and whether certain current H-1B workers who travel abroad will be subject to the fee. Also, the federal agencies governing this fee have not issued clear guidelines and some of their guidance is conflicting.
American Immigration Lawyers Association (AILA) issued an alert as to the different H-1B scenarios where it is unknown if the H-1B fee of $100,000 will apply. They are the following:
- Whether visas will be issued for renewals, changes of employer, amended petitions, cap-exempt petitions, or for H-1B1s filed after the effective date without fee payment;
- Whether extensions of stay applications, including change of employer or amended petitions for those in lawful H-1B status, or change of status applications filed on or after September 21, 2025, be adjudicated without payment;
- Whether cap-exempt employers will be subject to the ban and imposition of the fee given references to the lottery;
- How payment of the new fee can be made;
- Whether the fee applies to H-4 dependents; and
- What documentation or information would an H-1B visa holder need to present to CBP in order to demonstrate payment.
Attorney Monique Kornfeld will continue to monitor the latest updates regarding the proclamation before advising clients regarding travel as guidance on the ban and fee is evolving as the agencies attempt to implement the proclamation.