On September 19, 2025, President Donald Trump issued a Proclamation restricting the entry of certain nonimmigrant workers, introducing a new $100,000 payment requirement for employers filing new H‑1B petitions. US Citizenship and Immigration Services, Customs and Border Protection, and the Department of State have confirmed the Proclamation applies prospectively only to petitions filed on or after 12:01 a.m. ET, September 21, 2025.
Who Is Affected
The requirement does not apply to petitions filed before the effective date, already approved petitions, or individuals holding valid H‑1B visas. Extensions, amendments, and changes of employer for those in the United States appear not to be covered – though travel outside of the U.S. for petitions filed after September 21, 2025, may require payment at a subsequent visa stamp appointment. Current H‑1B workers seeking visa stamping or reentry based on existing, valid H-1B approval notices are not subject to the new fee.
Payment Requirement Details
The $100,000 payment is a one‑time obligation for new H‑1B petitions filed after the effective date. It is not expected to apply to renewals or to travel and consular processing for current H‑1B visa holders tied to valid H-1B approval notices.
Exceptions and Cap-Exempt Cases
Agencies may grant case‑by‑case exceptions where approval is in the national interest and does not threaten U.S. security or welfare. The Proclamation does not expressly address cap‑exempt H‑1Bs abroad, but clarity on this specific issue should follow in the coming days; our team will monitor for clarification and evaluate national‑interest options as appropriate.
Practical Impact for Employers
For most companies, the practical impact is aimed at next year’s new H‑1B cap filings. Current employees, pending approved cases, and routine travel or visa processing tied to existing H-1B approval notices should continue as normal under current guidance. There is no impact on current visa holder travel. That said, employers relying on new H-1B hires should reassess staffing plans now. In particular, employers should:
- Evaluate workforce options: Consider expanding domestic recruiting, reallocating duties internally, or strategically leveraging offshore alternatives where permissible.
- Scrutinize duty reassignments: Shifting responsibilities without review can create FLSA misclassification risk, while changes in compensation may trigger pay equity concerns and timely payment issues under federal and state wage laws.
- Run proactive pay-equity audits: Confirm that pay adjustments are applied consistently across protected groups and ensure payroll schedules remain accurate to avoid wage-and-hour claims or penalties for late payment.
- Monitor WARN Act obligations: Both federal and state mini-WARN statutes may be triggered if workforce reductions or role eliminations are under consideration.
- Review collective bargaining agreements: Where unions are involved, engage them early to address potential impacts on represented employees and comply with notice and bargaining obligations.
- Review employee handbooks and policies: Update provisions on job classification, compensation practices, remote/offshore work, and restructuring to align with new staffing strategies.
- Revisit customer commitments: If contracts assumed incoming H-1B talent, reassess deliverables. Also consider that higher sponsorship costs or staffing gaps may give rise to breach-of-contract risks if obligations cannot be met.
Employers should begin scenario planning now to mitigate these risks and ensure workforce strategies remain both compliant and sustainable.
Related Agency Proposals
Separately, the Department of Labor has proposed revising and raising prevailing wages, and the Department of Homeland Security has proposed prioritizing higher‑paid, higher‑skilled roles in the H‑1B lottery.
Next Steps and Ongoing Monitoring
New guidance should reassure most employers that existing H‑1B talent and approved petitions remain unaffected, while the new $100,000 payment is expected to affect new H‑1B cap cases in the upcoming cycle and certain H-1B cap-exempt filings after September 21, 2025. Jackson Walker attorneys will provide filing strategies and, where helpful, national‑interest frameworks as additional details emerge. This is the newest update; more guidance is expected, and Jackson Walker attorneys are actively monitoring.
