On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. Effective at 12:01 a.m. EDT on September 21, 2025, this proclamation restricts the entry of foreign nationals seeking to enter or reenter the United States in H-1B visa status, unless their petition is accompanied by a $100,000 payment.
This new measure will remain in place for 12 months, unless extended. Employers who fail to make the required payment will see their petitions denied, and foreign workers abroad will not be permitted entry in H-1B status.
Key Provisions of the Proclamation
- $100,000 Fee Requirement: Any new H-1B petition for a foreign national outside the U.S. must include proof of payment.
- Employer Compliance: The Department of Homeland Security (DHS) and Department of State will verify payments and deny entry to petitions lacking the fee.
- Exceptions: DHS may waive the restriction for individuals, companies, or entire industries if their employment is deemed in the national interest.
- Duration: Restrictions apply to petitions filed after September 21, 2025, and remain effective for one year unless extended.
- Future Rulemaking: The Department of Labor is tasked with revising prevailing wage levels, while DHS will prioritize admission of high-skilled, high-paid workers.
What This Means for Foreign Nationals and Employers
The proclamation significantly increases the cost of hiring foreign talent under the H-1B program. Employers considering H-1B petitions must budget for this additional cost and ensure proper documentation of payment.
Foreign workers outside the United States may face delays or denials if their employers cannot or will not make the required payment. This change could disproportionately affect STEM professionals and IT workers, who represent a large share of H-1B beneficiaries.
H-1B Proclamation: Frequently Asked Questions
Q1: Which visa classifications does the proclamation apply to?
A: The proclamation applies only to the H-1B visa classification. There is no indication that it extends to H-4, L-1, L-2, or other visa categories, though secondary impacts on dependent visas cannot be ruled out.
Q2: Does the proclamation apply to all H-1B petitions?
A: Yes, but only to new H-1B petitions submitted on or after 12:01 a.m. EDT on September 21, 2025. This includes the 2026 lottery and any other new filings after that date.
Q3: What does “new petition” mean?
A: While not fully defined, USCIS guidance clarifies that the fee does not apply to renewals, extensions, amendments, or transfers. These appear exempt for now.
Q4: How much is the fee and how often must it be paid?
A: The proclamation requires a one-time filing fee of $100,000 for new petitions. It is not annual or recurring.
Q5: Are existing H-1B holders or prior petitions affected?
A: No. Petitions filed before Sept. 21, 2025, and existing visas are unaffected. Although, CBP has not posed travel restrictions to current H-1B holders we urge clients to remain cautious and stay in the U.S.
Q6: Does this proclamation restrict H-1B visa travel?
A: No. Holders of valid H-1B visas may continue to travel without restriction.
Q7: Will U.S. consulates/embassies issue new H-1B visas?
A: The proclamation and memoranda do not directly address consular issuance. There is also no clarity yet on when and how the $100,000 fee must be paid (at filing vs. visa issuance).
Q8: What enforcement measures are being added?
A: The Department of Labor launched Project Firewall, giving the Secretary of Labor authority to certify investigations. Employers abusing the program may face penalties, back wages, or debarment.
Q9: What further reforms are expected?
A: Agencies have been directed to consider:
- Raising prevailing wage levels (DOL)
- Prioritizing high-paid, high-skilled workers in the lottery (DHS)
Q10: When will the government announce payment procedures or exceptions?
A: Details on fee payment mechanisms and national interest exceptions are expected soon, but no official guidance has been issued.
Q11: Could this proclamation face legal challenges?
A: Yes. Lawsuits are anticipated, and plaintiffs are expected to seek emergency stays. Outcomes and timing remain uncertain significantly reshape the H-1B program in the coming months.
Looking Ahead
The Departments of State, Labor, and Homeland Security are expected to report back within 30 days of the next H-1B lottery on whether these restrictions should be extended. Employers and employees alike should monitor further announcements closely. We are expecting more clarifications on exceptions that are yet to be decided.
At Ahluwalia Law Offices, we advise foreign nationals and U.S. employers to carefully review their options and plan proactively in light of these new restrictions.
