Presidential Proclamation Initiating Additional H-1B Fee for Certain Petitions Takes Effect

On September 19, 2025, President Trump issued Presidential Proclamation on the Restriction of Certain Nonimmigrant Workers, restricting entry of certain H-1B nonimmigrants into the United States and decisions on H-1B petitions for some foreign nationals currently outside the U.S. unless accompanied by a $100,000 payment. The Proclamation took effect on September 21, 2025, at 12:01 a.m. EDT. 

Since the issuance of the Proclamation, U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) have issued guidance stating that the proclamation will only apply to new petitions and will not affect current H-1B visa holders entering the United States or seeking renewals.  The language of the Proclamation also notes that the fee only applies to petitions for individuals outside the United States. The Proclamation also authorizes the Department of Homeland Security to grant certain exceptions in the agency’s discretion if the H-1B employment is found to be in the national interest and does not pose a threat to U.S. security or welfare.
 
We anticipate receiving more guidance regarding the scope and effect of the proclamation in the coming days. Currently, there is no way for employers to pay the fee and it is unclear how this will apply to petitions for changes of status, H-1B1 petitions, or H-4 dependents. In the meantime, we recommend all H-1B holders to refrain from international travel unless absolutely necessary in case any guidance changes. 
 
Our team is closely monitoring developments and will provide updates as new information becomes available. If you wish to discuss specific questions regarding the proclamation, you may contact our office to schedule a consultation.
 
Disclaimer: This advisory is solely informational and does not constitute direct legal advice. Please contact Sostrin Immigration Lawyers, LLP for specific immigration related legal guidance.