This post has been revised. For the latest information, please see: See USCIS Clarifies H-1B $100,000 Fee: No Impact on Current Visa Holders
On September 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation takes effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and represents a sudden and significant shift in U.S. immigration policy for H-1B specialty occupation workers.
In practical terms, it creates both a travel ban preventing H-1B nonimmigrants outside the U.S. from entering without a new $100,000 payment, and a fee increase requiring employers to pay $100,000 on new H-1B petitions filed for workers who are abroad. H-1B employees already in the United States are not immediately restricted, but any departure during the effective period will subject them to the ban on reentry unless the $100,000 payment has been made. Issued without advance notice, the proclamation leaves employers and foreign nationals with less than 48 hours to prepare.
Summary and Key Takeaways
Beginning 12:01 a.m. EDT, Sunday, September 21, 2025, H-1B nonimmigrants outside the U.S. will be barred from entry unless their employer pays a $100,000 supplemental fee.- The proclamation also directs the Department of Homeland Security (DHS) to withhold adjudication of H-1B petitions for beneficiaries abroad unless accompanied by proof of payment.
- The measure is valid for 12 months, with an agency review due in March 2026 that could recommend renewal or extension.
- DHS may grant national interest exemptions at the individual, company, or industry level, though no criteria or procedures have been announced.
- Additional regulatory initiatives are expected, including increased prevailing wage levels and possible changes to the H-1B selection process.
What Has Changed
On September 19, 2025, President Trump signed a proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers.” Issued without advance notice, the measure leaves employers and foreign nationals with less than 48 hours to respond.
The proclamation functions as both:
- A travel ban requiring payment of $100,000 before any H-1B specialty occupation worker may be admitted to the United States; and
- A new fee requirement obligating employers to pay $100,000 for H-1B petitions filed on behalf of workers who are outside the United States.
Who Is Affected
H-1B employees abroad as of Sept. 21, 2025: Will not be admitted without the supplemental payment, even if they already hold valid visas or approved petitions.- H-1B employees inside the U.S.: Extensions, amendments, and transfers appear unaffected, but any departure during the effective period will trigger the restriction on return.
- Pending and to-be-filed cases: USCIS is instructed to “restrict decisions” for beneficiaries outside the U.S. where the $100,000 payment is missing, though it remains unclear whether this means petitions will be held or denied outright.
- Cap-exempt H-1Bs: The proclamation does not specifically address cap-exempt H-1B petitions (such as those filed by universities or research institutions), leaving it unclear whether these cases are also subject to the new $100,000 fee and entry restriction.
Exceptions & Discretion
The proclamation authorizes DHS to grant waivers if H-1B employment is determined to be in the national interest and not a threat to U.S. security or welfare. This authority may be applied at the individual, employer, or industry level. As of now, the standards and application process are undefined, and eligibility is expected to be narrow.
Related Measures
- Prevailing Wage Adjustments: The Department of Labor (DOL) must begin rulemaking to revise wage levels for H-1B workers. This process will likely require several months and is subject to a review of public comments.
- Selection Criteria: DHS is instructed to prioritize higher-paid and higher-skilled H-1B applicants in future admissions. This will also likely require rulemaking that could take several months and a review of public comments.
- B Visa Guidance: The State Department is expected to issue instructions aimed at preventing beneficiaries of approved H-1B petitions (with start dates before October 1, 2026) from entering on B-1/B-2 visas and seeking a change of status.
What Employers Should Do Now
Facilitate Immediate Returns:Advise all H-1B employees currently abroad to reenter the U.S. before 12:01 a.m. EDT, Sept. 21, 2025.- ,s>Suspend Travel: Instruct H-1B employees in the U.S. to reconsider all international travel until further notice.
- Audit Pending Cases: Identify all petitions for beneficiaries abroad and determine where the $100,000 payment may be justified.
- Update Policies: Communicate the new restrictions to HR, managers, and employees; revise mobility and travel policies accordingly.
- Plan Financially: Model the potential cost of the supplemental payment and higher prevailing wages across your workforce.
- Prepare for Alternatives: Evaluate use of other visa categories (L-1, TN, O-1) where appropriate.
Litigation Outlook
Legal challenges are expected quickly, focusing on statutory authority, APA compliance, and discriminatory effect. However, employers should assume the ban and fee requirement will take effect as scheduled as court intervention is unlikely before Sunday.
Bottom Line
Although this proclamation applies to all H-1B employers, it will have disproportionate consequences for foreign-based IT service providers that rely heavily on offshore-to-onsite deployment models. More broadly, the action reflects a shift toward tighter restrictions and higher costs in employment-based immigration.
Goel & Anderson will continue to monitor developments closely, including agency guidance and litigation, and will provide updates as soon as they become available. In the meantime, immediate action is critical to mitigate risk. Please contact your G&A attorney with questions or for assistance planning next steps.
