On Friday September 19, 2025, President Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which stands to significantly change the H-1B visa process and related costs. The H-1B nonimmigrant visa classification is available to foreign national employees in specialty occupations who seek to work in the United States. The category is subject to an annual numerical cap of 85,000 visas and, historically, has been oversubscribed. Certain employers are exempted from the annual numerical cap (e.g., institutions of higher education, certain government research organizations, not-for-profits affiliated with cap-exempt employers, etc.).
Friday’s Proclamation intends to make several changes with respect to the H-1B petition process:
- Moving forward, any new H-1B petition that is submitted to the United States Citizenship and Immigration Services (USCIS) requires the petitioning employer to pay a one-time $100,000 fee. This is a staggering increase from the current fees. Other fees include a Registration fee of $215; base filing fee for an H-1B petition, which continues to be $780 ($460 for a small or a not-for-profit employer); Fraud Prevention and Detection fee of $500; Asylum Program fee of $300 or $600 (depending on employer size); American Anti-competitiveness and Workforce Improvement Act (ACWIA) fee of $750 and $1,500, respectively; and Public Law 114-113 fee of $4,000.
- The Department of Labor has been directed by the Trump Administration to raise prevailing wage levels, which are relied upon during the Labor Condition Application (LCA), thus increasing employer’s wage obligations.
- The Department of Homeland Security has been directed by the Trump Administration to prioritize “high-skilled and high-paid aliens,” in the H-1B lottery over those beneficiaries at lower wage levels. Under the previous lottery system, eligible beneficiaries who were electronically registered in the H-1B lottery were randomly selected until the cap was met.
Since the Proclamation was announced, the USCIS has updated its online guidance regarding the Proclamation. For example, the USCIS has made clear that:
- The Proclamation does not apply to any previously issued H-1B visas or any H-1B visas that were filed before 12:01 am EST on September 21, 2025;
- The Proclamation does not modify the fees that are required for H-1B renewal petitions, but rather that the new $100,000 fee is a one-time submission for new H-1B petitions; and
- The Proclamation does not prevent current H-1B visa holders from traveling internationally.
Nevertheless, employers should consider advising their employees currently in H-1B status to pause any future international travel plans until more information is released. Confusion at the border should be anticipated.
It is expected that the Proclamation will be subject to litigation, but the timeline for any such litigation is unknown. Ice Miller will continue to closely monitor the status of any litigation and provide affected clients with updates in real-time.
