On September 19, 2025, the President issued a new Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This proclamation marks a significant policy shift aimed at reforming the H-1B nonimmigrant visa program and reshaping how new petitions are evaluated.
Key Changes Effective September 21, 2025
Under the Proclamation, all new H-1B petitions filed on or after 12:01 a.m. Eastern Daylight Time on September 21, 2025, will be subject to an additional $100,000 payment as a mandatory condition of eligibility.
This fee is in addition to existing H-1B filing fees and applies only to petitions that fall within the scope of the Proclamation.
Mandatory Proof of Payment or Approved Exception
In accordance with Section 1(c) of the Proclamation, employers filing H-1B petitions that are subject to the new requirement must:
Submit proof of the $100,000 payment made through Pay.gov, or
Provide official documentation confirming an approved fee exemption granted by the Secretary of Homeland Security
This documentation must be included at the time of filing the H-1B petition.
Strict Enforcement and Denials
USCIS will strictly enforce this requirement. Any H-1B petition subject to the Proclamation that is filed without proof of payment or an approved exception will be denied. Employers are strongly advised to review eligibility criteria carefully and ensure full compliance before submitting new petitions.
What This Means for Employers and Foreign Workers
This Proclamation represents a major change for employers sponsoring foreign talent under the H-1B program. Organizations should assess the financial and operational impact of this new requirement and consult immigration professionals to determine whether exemptions may apply.