As of September 19, 2025, President Trump signed a Proclamation entitled “Restriction of Entry of Certain Non-immigrant Workers” in an attempt to reform the H-1B program that Imposes a $100,000 Fee On H-1B Entries
The Proclamation has the following features:
- Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025 and for H-1B visa holders seeking to reenter the US. This new policy is set to last a year, unless extended. The Proclamation does not apply to beneficiaries of petitions filed before the effective date, beneficiaries of approved petitions, or individuals holding validly issued H-1B visas. See The White House Fact Sheet: https://www.whitehouse.gov/articles/2025/09/h-1b-faq/
- It authorizes the Department of Homeland Security and the Depart of State to coordinate to take all necessary and appropriate action to implement this Proclamation
- USCIS provides guidance available here: https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
- This Proclamation only applies to petitions that have not yet been filed
- US Customs and Border Protection (CBP) has posted a Memorandum of Guidance to all consular offices here: https://x.com/CBP/status/1969512486627095007 stating that this does not impact any visa holder from traveling to or from the USA.
There are key matters that we are still not certain of such as whether this will apply to petitions requesting an extension of status or a change of employer. It should not because it is based on INA 212(f) that states the “entry of any aliens” or “any class of aliens”, should not apply to a change of status to H-1B in the US even if the clarification from the White House does not state this. Further steps are to be taken by the Department of Labor to revise and increase the prevailing wage levels and to prioritize high-skilled, high-paid workers in the H-1B lottery or those at lower wage levels. Additional reforms are also under consideration and will be announced in the coming months.
There may be exceptions for an individual, a company or an entire industry if DHS determines that it is within the national interest of the USA and does not pose a threat to the 
security of the country.
It is recommended that H-1B workers refrain from all international travel until we are provided more clarification. For H-1B cap case beneficiaries with approved petitions and a valid visa, they should enter the US as soon as possible.
We will continue to provide updates as received.