New $100,000 Fee on H-1B Visas: What Employers and Workers Need to Know

On September 19, 2025, President Trump signed a presidential proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. Beginning September 21, 2025, U.S. employers must pay a $100,000 fee when filing new H-1B petitions for workers located outside the United States. The measure is set to last for 12 months, though it may be extended.

Background and White House Rationale

The proclamation frames its restrictions as a response to what the administration describes as systemic misuse of the H-1B program. According to the text, the White House points to large-scale layoffs of American IT workers, widespread reliance on outsourcing firms, and wage suppression in technology fields as justification.

The administration argues that raising the cost of H-1B hiring will curb abuse while still allowing companies to bring in the “best of the best” when truly necessary.

Who Is Affected?

• Workers outside the U.S.: The new rule applies to H-1B beneficiaries currently abroad who need to enter the U.S. after September 21, 2025.
• Workers already in the U.S.: If you are maintaining valid H-1B status inside the U.S., this proclamation does not appear to apply to you. Petitions for extensions, amendments, or changes of employer should not require the fee.
• Travelers: H-1B workers who leave the U.S. after the effective date may be subject to the fee if they attempt to reenter.

Important Points from the Proclamation

• Employers must pay $100,000 for each new H-1B petition filed for a worker outside the U.S.
• The proclamation takes effect September 21, 2025 at 12:01 a.m. EDT and lasts for one year.
• USCIS will not adjudicate new petitions without proof of payment.
• Consular officers will verify payment during visa processing.
• DHS may grant exceptions for individuals, companies, or industries if it is in the “national interest.”
• Within 30 days of the next H-1B lottery in March 2026, cabinet officials must advise the President on whether to extend the restriction.
• The Department of Labor has been directed to propose new prevailing wage rules and to prioritize high-skilled, high-paid workers in the H-1B process.

Clarifications from USCIS and CBP

On September 20, 2025, USCIS and CBP issued guidance clarifying that the proclamation applies only to petitions filed on or after September 21, 2025. Pending or approved petitions filed before that date should not be subject to the new fee.

Practical Implications for Employers and Workers

• If you are an H-1B worker abroad: Enter the U.S. before September 21 if possible to avoid complications.
• If you are an H-1B worker in the U.S.: Avoid international travel unless absolutely necessary, since reentry could trigger the fee requirement.
• If you are an employer: Review hiring plans immediately. Filing a petition after September 21 for a worker abroad will now carry a $100,000 cost.
• Cap case beneficiaries: Those with approved petitions and valid visas should make every effort to enter before the proclamation takes effect.

Looking Ahead

This is a major shift in U.S. immigration policy for employers and H-1B workers. While exemptions may be available, the overall direction is clear: the administration intends to restrict entry and raise costs for the H-1B program. Further changes to wage rules and prioritization of high-paid positions are expected in the months ahead.

We will continue monitoring guidance from USCIS, CBP, and the Department of State as implementation details unfold.

Please note: This information is based on the proclamation and initial government guidance as of September 21, 2025. The situation remains fluid, and details may change as agencies issue further instructions or clarifications.