On Friday, September 19, 2025, President Donald J. Trump enacted a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” marking a significant yet measured approach to reform the H-1B visa program. This initiative aims to curtail abuses and prioritize the protection of American laborers.
Key provisions of this Proclamation include:
- A stipulation requiring a payment of $100,000 with any new H-1B visa applications submitted post 12:01 a.m. Eastern Daylight Time on September 21, 2025. This includes the upcoming 2026 lottery, as well as any H-1B requests filed after this cutoff.
- Delegation of authority to the Department of Homeland Security and the Department of State to implement this Proclamation effectively. For instance, U.S. Citizenship and Immigration Services (USCIS) has responded with guidance on the Proclamation, which can be accessed here.
- Moreover, U.S. Customs and Border Protection (CBP) has also issued relevant guidance, available here.
- The Department of State has disseminated guidance to consular offices in alignment with the directives from USCIS and CBP.
However, it is critical to understand what this Proclamation does not cover:
- It does not impact any H-1B visas that have been previously issued, nor does it apply to petitions submitted before the specified time on September 21, 2025.
- It does not alter any existing fees or payments associated with H-1B visa renewals; the fee is exclusively applicable to new petitions.
- Individuals currently possessing an H-1B visa are not restricted from traveling to and from the United States.
Looking ahead, further reforms to the H-1B program are on the horizon, as indicated in the Proclamation:
- The Department of Labor is set to initiate rulemaking that revises and elevates the prevailing wage thresholds. This move aims to enhance the skill level required for H-1B candidates, ensuring only the most qualified temporary foreign workers are hired.
- The Department of Homeland Security will also engage in rulemaking to preferentially select high-skilled, higher-paid applicants in the H-1B lottery, thereby promoting competitive advantage for American companies.
This is merely the beginning, and additional reforms are anticipated to be unveiled in the forthcoming months.
