On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers that places significant new restrictions on the entry of H-1B nonimmigrants. The proclamation introduces a $100,000 entry fee for new H-1B workers.
The order takes effect at 12:01 a.m. EDT (midnight) on Sunday, September 21, 2025 and is currently set to remain in place for one year, with the possibility of extension. This change could impact employers and foreign workers planning to apply, but exclusions apply.
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Key Provisions of the Proclamation:
- The proclamation takes effect on September 21, 2025, and is set to remain in place for 12 months, though it may be extended or modified.
- The restriction applies to New H-1B workers. It does not impact current H-1B visa holders traveling to or from the United States. In other words, if you already hold an H-1B visa, your ability to travel internationally and re-enter the U.S. remains unaffected by this proclamation.
- Renewals and extensions of existing H-1Bs are not subject to the new fee requirement.
- USCIS has been directed not to adjudicate petitions for H-1B workers abroad unless they are accompanied by proof of payment of the $100,000 fee.
- No statements have been made on how this will affect the existing $215 for the H-1B lottery registration and $780 for the petition filing.
- Extensions of stay, amendments, and change of employer petitions filed for workers who remain in lawful H-1B status inside the U.S. do not appear to be affected at this time.
- The Department of State and Department of Labor are expected to issue further guidance, including rule-making to revise prevailing wage levels and prioritize the admission of higher-skilled and higher-paid nonimmigrants.
- Exceptions: Limited exceptions may be granted for individuals, companies, or industries where DHS determines the entry to be in the national interest and not a threat to U.S. security or welfare.
Anticipated Legal Challenges
This proclamation is expected to be immediately challenged in federal courts. Past litigation surrounding presidential authority under INA §212(f), which grants broad discretion to restrict entry of foreign nationals, suggests that legal battles will focus on:
- Whether the scope of the proclamation exceeds the President’s statutory authority.
- The economic consequences of imposing a $100,000 fee on employers and workers.
- The potential conflict with congressional intent in establishing the H-1B program.
While lawsuits are likely, the proclamation remains legally enforceable unless and until a federal court issues an injunction. Employers and workers should not rely on the prospect of litigation to delay action.
The VisaNation team is actively monitoring this development. We will continue to provide timely updates and legal insights as more information becomes available.
Practical Guidance for Employers and H-1B Workers
- Monitor Developments: Employers should remain alert for forthcoming updates from USCIS, DOS, and DOL.
- The proclamation represents one of the most significant disruptions to the H-1B program in recent years. Although legal challenges are expected, the order will take effect on September 21, 2025, and its consequences will be immediate for H-1B workers outside the United States.
How VisaNation Can Help
Employers and employees should act quickly, carefully evaluate travel plans, and consult with experienced immigration counsel to ensure compliance while monitoring the evolving legal and regulatory landscape.
Speak with a VisaNation Attorney