Insight New Presidential Proclamation on H-1B: $100,000 Fee & Entry Restrictions

What Happened

On September 19, 2025, President Donald J. Trump issued a proclamation under 8 U.S.C. § 1182(f) and 1185(a) titled “Restriction on Entry of Certain Nonimmigrant Workers.” This proclamation directly affects H-1B applicants and their employers.

Key Provisions Include:

• Imposition of a $100,000 fee required to accompany or supplement an H-1B petition for specialty occupation workers coming from outside the United States.

• Restriction of entry into the U.S. for H-1B nonimmigrants unless the petition is accompanied by the payment.

• Effective date: 12:01 a.m. EDT on September 21, 2025

• The restriction is set to last 12 months, unless extended.

Who Is Affected/Who Is Not:

Affected:

• Foreign nationals outside the U.S. for whom an H-1B petition is filed on or after the effective date (i.e., petitions filed September 21, 2025, or later) without the new $100,000 payment.

• Employers filing new H-1B petitions for workers abroad will need to ensure the fee is included.

Not Affected (per agency clarifications):

• H-1B petitions filed before the effective date.

• Individuals who already have approved H-1B petitions or validly-issued H-1B visas.

• Those currently inside the U.S. on H-1B status (extensions, change of employer, etc.), even if petition is pending, so long as the petition was filed before the effective date. 

The Proclamation also suggests possible exceptions to the new fee if the foreign worker or employer is determined to be in the national interest under criteria set by the Secretary of Homeland Security, but to this date there has been very little guidance on how this will be implemented.

Why This Matters

The President’s Proclamation is the first big change to H-1Bs that we have seen in many years. This represents a significant cost increase for U.S. employers seeking to hire H-1B workers from abroad. The $100,000 payment is in addition to all existing filing fees.

The Proclamation has created great uncertainty, especially for international employees who may need to travel, renew visas, or enter from abroad. The risk of being denied entry if the fee requirement is not met is material.

This change could affect talent acquisition, recruitment strategies, workforce planning for companies and institutions that heavily depend on foreign nationals in specialty occupations.

Trigger for litigation: several legal commentators note questions around whether such a proclamation, particularly imposing large fees without prior notice-and-comment rulemaking, can withstand judicial review, however, no lawsuit has been filed since the creation of this alert.

Open Questions/Areas of Uncertainty

There is still much that is unknown regarding this material change to the H-1B process such as:

• How exactly the fee will be collected/payment verified, especially in cross-border contexts

• Whether this applies to cap exempt petitions

• Whether change-of-status applications, amendments, or extensions will ever be subject to the new fee under certain circumstances. Although the guidance so far appears to limit it to new petitions for those outside the U.S. as of the effective date.

• How the “national interest” exception will be applied, and which cases will qualify.

• Whether the fee requirement could influence travel behavior, especially for H-1B holders outside the U.S. or whose status was pending.

• How agencies will interpret and enforce the rules at ports of entry, consulates, and USCIS.

What To Do/Recommended Actions

For Employers/HR/Immigration Counsel:

• Review current and upcoming H-1B petitions – distinguish which are filed before vs. after September 21, 2025. For those to be filed after, budget for the additional $100,000 payment.

• Monitor agency guidance – USCIS, DHS, Department of State will issue implementing guidance, especially regarding payment mechanics, exceptions, and interpretations.

• Evaluate alternative visa or immigration pathways for foreign nationals, particularly those outside the U.S., who might be impacted.

• Consider “national interest” exemption – gather documentation that could support such a determination if applicable to your case.

• Risk-manage travel – advise affected employees about travel outside the U.S., possible reentry issues, and coordinate timing of filings to avoid negative effects.

• Legal review – assess potential exposure; consider whether litigation might affect your planning

• Communicate with impacted employees – give clear guidance to foreign nationals about whether they are affected or exempt, and about any action (or postponement) that might be prudent.

Bottom Line

This is a sweeping, abrupt change to the H-1B system, focused on H-1B workers outside the U.S. and new petitions, with a heavy fee burden. While there are clarifications that some categories are exempt and that current holders are mostly unaffected, the policy introduces unfamiliar risks and costs. Employers, prospective H-1B holders, and institutions should move quickly to assess exposure, update budgets and timelines, and consider alternative immigration strategies.

This blog is provided by Hawley Troxell Ennis & Hawley LLP for educational and information purposes only. It is intended to notify our clients and friends of certain events or issues. It is not intended to be, nor should it be, used as a substitute for legal advice regarding specific factual circumstances. © Hawley Troxell Ennis & Hawley LLP all rights reserved.

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