On September 19, President Trump signed a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.”
Here are the key pieces:
- A $100,000 payment requirement for certain H‑1B petitions: If someone is outside the U.S. and wants to enter under H‑1B status, the employer must include (or supplement) the petition with a $100,000 fee. Without that, the petition can be denied.
- Effective date/time: Effective from 12:01 a.m. EDT on September 21, 2025.
- Duration: The restriction is for 12 months, unless changed or extended.
- Exemptions / waivers: There is discretion for the Secretary of Homeland Security to exempt certain individuals, companies, or industries if in the “national interest” and not harmful to security/welfare.
- Other reforms flagged: The Proclamation calls for rulemaking on prevailing wages (raising them) and prioritization of high-skilled / high‑paid H‑1B applicants.
What Got Clarified on September 20, 2025
Because the Proclamation had a lot of “unknowns,” by September 20 there was a clarity effort from the USCIS.
Here’s what was confirmed:
- Only new petitions filed after the effective date/time are subject to the $100,000 fee. That means petitions filed on or after 12:01 a.m. Eastern on September 21, 2025 will need to include that payment.
- Current visa holders are not affected. If you already have an H‑1B visa, your status remains valid.
- Also, if you already have a valid visa stamp, you may continue to use it for re‑entry even after traveling abroad.
What’s Still Unclear / What’s Being Debated
Even with the clarifications, many things are still murky, causing stress especially for workers and companies. Here are the points that are still unclear:
- Exactly how the new fee works for visa stamping at U.S. embassies / consulates abroad, especially for people who already have visa approval or are in process.
- Whether the restrictions apply to cap‑exempt H‑1B petitions (like universities, nonprofit research labs etc.).
- What defines “high‑skilled” / “high‑paid” under the new rules, and how the priority system will be implemented in practice.
- How the “national interest” waivers or exemptions will be applied.
- Logistical details: how to pay the $100,000, proof of payment, how consulates will verify etc. These mechanics aren’t fully spelled out yet.
This latest H-1B Proclamation has thrown a serious curveball at employers, workers, and immigration attorneys alike. A $100,000 fee for certain petitions? That’s no small change and the short timeline makes it all the more intense.
While the clarification on September 20 helped cool some of the panic (especially for current visa holders), there are still a ton of open questions about how this will actually work in practice. Who qualifies for a waiver? What does “national interest” really mean? And how will agencies enforce and implement all of this?
For now, the best move is to stay informed, avoid international travel if you’re already in the U.S. on H-1B, and consult with legal counsel before making any major decisions. We’re likely to see further guidance and possibly legal challenges in the coming weeks.