On Friday, September 19, President Trump issued a proclamation imposing a new $100,000 fee on certain H-1B employers and beneficiaries. See Restriction on Entry of Certain Nonimmigrant Workers – The White House. The proclamation became effective 12:01 a.m. EDT Sunday, September 21, 2025 and expires after twelve months but may be extended.
When first released, the proclamation’s broad wording implied that it could potentially impact the travel and reentry of all existing H-1B visa holders, rather than only first-time H-1B beneficiaries. This led to widespread concern and a rush for H-1B visa holders to return to the United States. On Saturday evening, the United States Citizenship and Immigration Services (USCIS) issued a memorandum limiting the impact of the proclamation. Additionally, on Sunday, September 20, the White House published an H-1B FAQ confirming that the $100,000 fee applies to H-1B Petitions submitted for the 2026 lottery and any other new H-1B Petitions filed after the effective date. Due to conflicting language in guidance issued since the original proclamation, questions remain regarding which “new” H-1B Petitions are impacted.
The wide media coverage of and speculation about the new fee and related travel restrictions have heightened the already high anxiety among foreign national employees on H-1B visas and led to uncertainty for employers guiding their H-1B workers on the proclamation’s impact.
While key details have yet to be announced and legal...
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