On Friday, September 19, 2025, President Donald J. Trump enacted a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” marking a significant, albeit incremental, move to reform the H-1B visa program. The intent behind this action is to reduce exploitation and safeguard the interests of American workers.
This Proclamation:
- Mandates a $100,000 fee to accompany any new H-1B visa petitions submitted after 12:01 a.m. Eastern Daylight Time on September 21, 2025. This stipulation applies to the 2026 lottery and any subsequent H-1B applications filed past this deadline.
- Empowers the Department of Homeland Security and the Department of State to collaborate in executing this Proclamation effectively.
- U.S. Citizenship and Immigration Services has already acted by releasing guidance regarding the Proclamation, which can be found here.
- U.S. Customs and Border Protection has also disseminated guidance, available here.
- The Department of State has communicated this guidance to all consular offices, aligning with the directives from both U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection.
What this Proclamation does not entail:
- It does not affect any H-1B visas already issued or petitions submitted before 12:01 a.m. Eastern Daylight Time on September 21, 2025.
- It does not alter the existing payments or fees for H-1B renewals. The newly imposed fee is a one-time charge applicable only to new H-1B petitions.
- It does not restrict current H-1B visa holders from traveling in and out of the United States.
Looking ahead, further reforms to the H-1B program, as outlined in the Proclamation, include:
- A forthcoming rulemaking by the Department of Labor aimed at revising and increasing prevailing wage levels, thereby enhancing the H-1B program and ensuring it serves to attract only the most qualified temporary foreign workers.
- A planned rulemaking by the Department of Homeland Security to prioritize high-skilled, well-compensated candidates in the H-1B lottery, favoring those with higher wage offers over lower-paid applicants.
Additional reforms are under review and are expected to be announced in the upcoming months.
