On September 19, 2025, the President issued a new Proclamation restricting the entry of certain nonimmigrant workers under the H-1B visa program. This major policy shift is intended, according to the administration, to address systemic abuse of the H-1B system.
What the Proclamation Says
Effective 12:01 AM ET on September 21, 2025, any new H-1B petition filed with U.S. Citizenship and Immigration Services (USCIS) must be accompanied or supplemented by a $100,000 payment in order for the beneficiary to be eligible for entry to the United States.
The proclamation:
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Applies only prospectively — it impacts petitions filed on or after September 21, 2025.
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Does not affect:
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Petitions filed before September 21, 2025.
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Beneficiaries of already approved petitions.
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Individuals who currently hold valid H-1B visas.
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Does not restrict travel for current H-1B visa holders.
Why This Matters
The new requirement could significantly limit access to the H-1B program, particularly for small businesses, nonprofits, startups, and universities that may not have the ability to pay an additional $100,000 per petition. While larger corporations may be able to absorb the cost, many smaller employers will find the requirement prohibitive.
This creates a two-tiered H-1B system:
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Existing H-1B holders and pending petitions remain unaffected.
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Future H-1B petitions require a six-figure payment, raising the barrier to entry dramatically.
What Employers and Workers Should Do Now
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File pending H-1B petitions before September 21, 2025 to avoid the new fee.
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Reassure current H-1B visa holders — their ability to live, work, and travel is not impacted.
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Consider alternative visa categories (such as L-1, O-1, or TN visas) if the new cost is not feasible.
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Stay informed — this proclamation will almost certainly be challenged in federal court, and outcomes could shift quickly.
Final Thoughts
This proclamation represents one of the most significant restrictions on the H-1B program in recent history. Employers and foreign workers should act quickly to safeguard pending cases, review immigration strategies, and monitor litigation developments.