On Friday evening of September 19, 2025, the White House issued a Proclamation restricting the entry of certain foreign nationals as H-1B workers into the United States. The Proclamation imposes an additional fee of $100,000 on employers seeking to use H-1B visas to employ foreign nationals in the U.S. This Proclamation – which is valid for one year – took effect on September 21, 2025 at 12:01 am.
According to the U.S. Citizenship and Immigration Services (USCIS), which issued a memo the following afternoon on September 20 and FAQs on September 21, this Proclamation applies to any new H-1B visa petition filed after 12:01 a.m. EST on September 21. It does not apply to H-1B petitions filed before September 21, 2025 or to petitions that have been approved or to foreign nationals who have already received valid H-1B visas. USCIS has indicated that it will not adjudicate affected petitions unless proof of payment of the $100,000 fee is provided but it has not yet provided fee payment procedures.
According to the Department of State (DOS) and confirmed by FAQs thereafter issued by USCIS, the required payment is a one-time fee for new H-1B petitions.
Petitions for Extensions and Change of Employer
USCIS indicated in the FAQ that “H-1B renewals” are not subject to this new fee. The Proclamation does not expressly address petitions for extensions of stay, changes of employer, changes of status, or amendments for individuals in H-1B status in the U.S. However, DOS has been instructed to issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to October 1, 2026, to prevent them from entering and filing a change of status and avoiding the fee. (Travelers to the U.S. for business or tourism should prepare themselves for stricter scrutiny if applying for a new B-2/B-1 visa, ESTA, or entry at the border as a result.)
Exemptions to Fee Payment
The Proclamation allows for exemptions from the $100,000 fee payment for an individual, a company, or an industry, if the Department of Homeland Security (DHS) determines in its discretion that the H-1B employment is in the “national interest” and “does not pose a threat to the security or welfare” of the country. No information has been provided concerning which industries or occupations may qualify for an exemption, or how an exemption may be requested.
The Proclamation and later-issued clarifying memoranda from USCIS and DOS do not address whether the new fee and travel restrictions apply to cap-exempt H-1B workers. Neither is it clear whether foreign nationals in the U.S. in approved H-1B status, who leave the country during the effective period of the Proclamation to apply for an H-1B visa based on an H-1B petition approved prior to September 21 are subject to the $100,000 fee.
Next Steps in the Process
The Proclamation directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary to “jointly submit” to the President a recommendation within 30 days of the FY2027 H-1B lottery (i.e., March 2026) as to whether renewing or extending the restriction on entry is in the best interest of the U.S.
Separately, the Secretary of Labor “shall initiate” rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants. A DHS proposal to implement a weighted system for H-1B visa number allocation has already been submitted to the Office of Management and Budget (OMB).
Litigation is expected and could result in new instructions for employers and their H-1B employees.
Recommendations
In an abundance of caution, we recommend that foreign nationals in the U.S. in H-1B status suspend any international travel plans. If overseas travel is urgent and unavoidable, H-1B workers should confer with their immigration attorney in advance of travel regarding their personal circumstances and possible eligibility for a national interest exemption.
As the scope and application of this new policy remain fluid and litigation is likely, we will continue to monitor all communications from the White House, DHS, USCIS, DOS, and Department of Labor for additional statements and instructions. Updates will be provided as required.