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 goes into effect at 12:01 a.m. EDT Sunday, September 21, 2025, and is valid for one year.
Key Provisions:
- The proclamation is effective on 12:01 a.m. EDT September 21, 2025. It is set to expire in 12 months, but it may be extended.
- It only applies to foreign nationals currently outside the US who are seeking entry as H-1B workers.
- The restriction only applies to H-1B workers who seek entry into the U.S. after the effective date. It does not mention H-1B workers in the US, although we do not yet know how it will affect H-1B workers in the U.S.
- For example, it is unclear whether H-1B workers currently in the U.S. who depart and try to reenter the U.S. in H-1B status during the validity period will be subject to this fee and restriction.
- It requires evidence of the payment of $100,000 in order for USCIS to process H-1B petitions for foreign nationals currently outside the U.S.
- Petitions filed for H-1B workers inside the US to extend, amend or change their H-1B employer are not clearly delineated and therefore appear to be exempt, unless instructed otherwise.
- Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary must make a recommendation to the President as to whether to extend the order.
- The administration will issue guidance on the misuse of B visitor visas to beneficiaries of approved H-1B petitions with a start date prior to October 1, 2026.
- The Department of Labor shall revise the prevailing wage levels for H-1B petitions to give preference to high-skilled and high-paid H-1B workers.
- There may be exceptions for an individual, a company, or an industry, if Department of Homeland Security deems the visa is in the national interest of and does threaten the security or welfare of the U.S.
- The Proclamation omits any mention of whether this new fee applies to beneficiaries of cap-exempt H-1B petitions (institutions of higher education, government research institutions and nonprofit organizations related to institutions of higher education).
Travel Warning: H-1B workers who are currently abroad should return to the U.S. before 12:01 am on September 21st. H-1B workers currently in the US should refrain from travel outside of the U.S. for visa processing until subsequent information is provided. H-1B cap case beneficiaries with approved petitions and a valid H-1B visa should attempt to enter the U.S. by 12:01 am on September 21st.
Track Developments: H-1B employers and visa holders are advised to follow developments regarding this H-1B travel restriction and fee, since it is anticipated that there will be litigation and further details published.
Please contact Attorney Kornfeld for more information or assistance with H-1B cases.