On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” to reform the H-1B visa program to purportedly curb abuses and protect American workers. The Proclamation may be found here.
Significant changes include:
- $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. This includes the 2027 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025.
- Authorizes the Department of Homeland Security and the Department of State to coordinate to take all necessary and appropriate action to implement the Proclamation.
- U.S. Citizenship and Immigration Services has so far taken such action by issuing guidance regarding the Proclamation, available here (PDF, 177.48 KB). This guidance merely states that the fees operate prospectively…to new applications only.
- U.S. Customs and Border Protection has also issued guidance, available here. This too confirms that the new order applies prospectively only.
- The Department of State has posted guidance to all consular offices, consistent with the guidance from U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection guidance.
- Rulemaking by the Department of Labor to revise and raise the prevailing wage levels in order to upskill the H-1B program and ensure that it is used to hire only the best of the best temporary foreign workers.
- Rulemaking by the Department of Homeland Security to prioritize high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels.
This Proclamation does not:
- Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
- Change any payments or fees required to be submitted in connection with any H-1B renewals.
- Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
The Proclamation contemplates waivers of the $100,000 filing fee if it can be demonstrated that the petition is in the national interest of the United States and that the petition/position/employee is not a threat to national security. The Proclamation, however, is silent as to what those petitions are.
Additional reforms are also under consideration and will be announced in the coming months. It is also anticipated that lawsuits will be filed to fight this Proclamation.
FAQ
What is the main change introduced by President Trump’s September 19, 2025 Proclamation regarding H-1B visas?
The Proclamation requires a $100,000 payment to accompany any new H-1B visa petition submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This applies to both the 2027 lottery and any H-1B petitions filed after that date and time.
Does the new $100,000 payment apply to H-1B renewals or extensions?
No, the payment is a one-time fee that only applies to new H-1B petitions. It does not affect renewals or extensions submitted after September 21, 2025.
Who is responsible for collecting and managing the $100,000 payment for new H-1B petitions?
The payment process and requirements are managed by U.S. Citizenship and Immigration Services and coordinated with the Department of Homeland Security and Department of State as directed by the Proclamation.
Will the $100,000 fee impact H-1B petitions submitted before September 21, 2025?
No, the fee does not apply to any H-1B visa petitions submitted before 12:01 a.m. eastern daylight time on September 21, 2025.
Does the Proclamation affect individuals who already hold valid H-1B visas?
No, current H-1B visa holders are unaffected. The Proclamation does not change existing visa status or travel rights for individuals holding valid H-1B visas.
Are there any upcoming changes beyond the new fee that H-1B applicants should be aware of?
Yes, further reforms are in progress. The Department of Labor is planning to raise prevailing wage levels for H-1B positions, and the Department of Homeland Security will implement rulemaking to prioritize high-skilled, high-paid applicants in the H-1B lottery.
Will the new $100,000 requirement affect the annual H-1B lottery for the 2026 fiscal year?
It should not, since the FY 2026 filing deadline was June 30, 2025.
Has guidance been published on how to comply with the new Proclamation?
Yes, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and the Department of State have all provided guidance to help employers and applicants comply with the new requirements.
Does the Proclamation prevent H-1B visa holders from traveling in and out of the U.S.?
No, there are no new travel restrictions for current H-1B visa holders as a result of this Proclamation.
How can Wilner & O’Reilly assist with navigating these new H-1B regulations?
Our team at Wilner & O’Reilly is prepared to guide clients through the new H-1B requirements, including compliance with the new fee, and help with the upcoming changes to prevailing wages and lottery prioritization. We remain committed to keeping our clients updated on further developments and reforms.
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