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Understanding the New H-1B Proclamation: What It Means for Employers and Visa Holders

On September 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”, which imposes a significant new fee and entry restriction on H-1B visa holders currently outside the United States. The policy, which took effect at 12:01 a.m. EDT on September 21, 2025, has raised numerous questions and concerns from employers, visa holders, and immigration practitioners alike.

While the administration has since attempted to clarify the scope of the policy, the initial rollout left many scrambling, canceling trips, abandoning family visits, and rushing to reenter the United States in fear of being locked out. Even with the additional guidance from the administration, there are still questions.

What the Presidential Proclamation  Actually Does: The Proclamation, titled “Restriction on Entry of Certain Nonimmigrant Workers,” focuses on new prospective petitions filed on behalf of H-1B visa holders currently outside the United States. Specifically:

  • Effective Date of September 21, 2025, at 12:01 a.m. EDT
  • Employers must pay a $100,000 fee for any “new” H-1B petition
  • Initially set to expire after 12 months, though it may be extended after the results of the next H-1B lottery

Confusion on Who This Applies To: Initially, the Presidential Proclamation seemed to indicate that the new fee applied to all H-1B visa holders. Adding to the confusion, Commerce Secretary Howard Lutnick had said that companies would have to pay $100,000 per year for H-1B worker visas.

On Saturday, White House spokesperson Karoline Leavitt posted on X  that this was not an annual fee, only a one-time fee that applied to each petition. She further indicated that this would only apply to H-1Bs filed in the next H-1B lottery.

Following Leavitt’s posting, the White House issued an H-1B FAQ. Per the H-1B FAQ:

     This Proclamation:

    • Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery and any other H-1B petitions submitted after 12:01 a.m. Eastern Daylight Time on September 21, 2025.

     This Proclamation does not:

    • Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
    • Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
    • Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.

The FAQ (and the Proclamation) use the term “new H-1B visas,” and it seems to point to H-1B lottery cases. Still, it is not clear what they are referring to when they say that “new H-1B visa petitions” include “any other H-1B petitions submitted after” the effective date of the Proclamation. The FAQ confirms that the new fee does not apply to renewals, and it should not impact current H-1B visa holders when they travel. This clarification was confirmed by CBP and USCIS memos, which state that the Proclamation applies only to petitions not yet filed. We anticipate further guidance on this in the near future.

What Does the $100,000 Fee Cover? Combining the text of the Presidential Proclamation with what the White House has added, the Presidential Proclamation mandates a $100,000 payment for each H-1B petition filed on behalf of someone outside the U.S. in the upcoming H-1B lottery. This fee is a prerequisite for USCIS to adjudicate such petitions and for CBP and the State Department to approve entry or visa issuance. This fee is separate from and in addition to existing H-1B filing and fraud prevention fees.

What About Extension, Amendment, or Transfer Petitions? Based on the additional information provided by the  White House, the good news for many U.S.-based H-1B workers and employers is that extensions, amendments, and transfers appear to be unaffected. The agency memoranda make it clear that the order applies only to new H-1Bs, which seems to imply that they are referring to future H-1B lottery filings.

Can H-1B Workers Travel and Return Later? According to the White House’s X account, those who currently hold H-1B visas or have been awarded H-1B status are not subject to the additional fee.

Are There Any Exceptions? Yes. The Proclamation allows the Department of Homeland Security (DHS) to grant exceptions on a case-by-case basis if DHS determines that the entry is in the national interest and poses no threat to U.S. welfare or security.

However, the process for requesting such an exemption has not yet been defined. Until further guidance is issued, employers should not rely on this route unless absolutely necessary.

Changes to Prevailing Wage and Future Policy: The Proclamation also directs the Department of Labor to revise prevailing wage regulations to raise minimum wages for H-1B workers and to give preference to highly paid and highly skilled foreign nationals. These changes would come through formal rulemaking, so they are not immediate, but they signal longer-term shifts in immigration policy priorities.

What Employers and H-1B Workers Should Do Now: Given the potential for confusion and missteps, here are our key recommendations:

  • Avoid international travel unless absolutely necessary, and until we have further clarity and guidance.
  • File any necessary extension, amendment, and transfer petitions immediately before future changes to prevailing wages are instituted.
  • Monitor developments closely as further guidance is expected from DHS and the State Department in the coming weeks.
  • Consult with GIP before making any decisions involving travel or new hires in H-1B status.

This Presidential Proclamation marks a significant shift in how the U.S. is treating the H-1B program. While its long-term viability is still in question, for now, compliance is crucial. Employers and foreign professionals must tread carefully in the coming months, as the full impact of the Proclamation plays out.