On September 19, 2025, the U.S. Government issued a Proclamation, Restriction On Entry Of Certain Nonimmigrant Workers, restricting the entry of new workers on H-1B visa status (new petitions) unless their employers pay a one-time $100,000.00 fee per worker to U.S. Citizenship and Immigration Services (USCIS). The restriction is effective at 12:01 a.m. EDT on September 21, 2025.
The Proclamation is unclear regarding logistics and implementation of the fee payment to USCIS and whether it would apply to Cap Exempt Institutions, such as universities and non-profit research institutions. The Proclamation is valid for 12 months and subject to extension. We expect several court challenges to this Proclamation on various constitutional and specific immigration law-related grounds.
USCIS has clarified that the new $100,000.00 fee applies to new petitions only. It does not apply to the following:
- Pending H-1B Visa Petitions filed before September 21, 2025
- Current H-1B Visa Holders
- Any Beneficiaries of H-1B visa petitions already approved as of September 20, 2025
- H-1B Visa Petition Extensions and/or Renewals
- Change of Status Applications to H-1B Visa Status filed within the U.S.
- H-1B Change of Employer Petitions
Waivers and Exemptions
Please note that the restriction does not apply to H-1B workers working for a company or in an industry that the Secretary of Homeland Security determines that the hiring of such workers is in the national interest and does not pose a threat to U.S. security or welfare. The Proclamation does not provide any information related to the criteria for such waivers.
Further, the Proclamation directs the State Department to prevent misuse of the B visa program to travel to the U.S. by beneficiaries of new H-1B visa petitions.
What Should Employers and H-1B Visa Holders Do?
- Inform Current H-1B Visa Holders. Employers should inform current H-1B Visa Holders that they would not be impacted by this new $100,000.00 fee and will continue to be able to re-enter the U.S. after the Proclamation’s effective date.
- Stay Informed. Given the expected court challenges and further policy developments related to this Proclamation, Employers and H-1B Visa Holders should stay informed about updates on this issue.
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