The U.S. government has announced a significant policy change aimed at reshaping the H-1B visa program. On Friday, September 19, 2025, President Donald J. Trump signed a new Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This marks an initial but impactful step toward reforming the H-1B program, with the stated goal of reducing misuse and strengthening protections for American workers.
Below is a clear breakdown of what this change means and how it may affect employers and foreign professionals.
Key Changes Introduced by the Proclamation
💼 New $100,000 Fee for New H-1B Petitions
Any new H-1B visa petition submitted on or after 12:01 a.m. (EDT) on September 21, 2025 must include a one-time payment of $100,000.
This requirement applies to:
The FY 2026 H-1B lottery
All other new H-1B petitions filed after the effective date
🏛️ Inter-Agency Coordination
The Department of Homeland Security (DHS) and the Department of State (DOS) are authorized to jointly implement and enforce this Proclamation.
In line with this directive:
U.S. Citizenship and Immigration Services (USCIS) has issued official implementation guidance
U.S. Customs and Border Protection (CBP) has released related entry guidance
The Department of State has distributed consistent instructions to all U.S. consular offices worldwide
What the Proclamation Does Not Change
To avoid confusion, it’s important to note what remains unaffected:
❌ Previously issued H-1B visas are not impacted
❌ Petitions filed before September 21, 2025 are exempt from the new fee
❌ H-1B renewals do not require the $100,000 payment
❌ Current H-1B visa holders can continue traveling in and out of the U.S. without restriction
This fee applies only once, at the time of filing a new H-1B petition.
What’s Next: Additional H-1B Reforms on the Horizon
The Proclamation also outlines upcoming regulatory actions designed to further modernize the H-1B program:
📈 Higher Prevailing Wage Levels
The Department of Labor (DOL) plans to revise and increase prevailing wage requirements.
The goal is to ensure the program attracts highly skilled, top-tier foreign talent, rather than serving as a source of low-cost labor.
🎯 Skill- and Wage-Based Lottery Prioritization
The Department of Homeland Security (DHS) is expected to propose changes to the H-1B lottery system.
Future selections may prioritize higher-paid and higher-skilled candidates over those offered lower wages.
Final Thoughts
These changes signal a major shift in how the H-1B visa program may operate moving forward. Employers planning to sponsor new H-1B workers must carefully evaluate the financial and strategic implications, while foreign professionals should stay informed about how wage-based prioritization could affect future opportunities.
As further guidance and rulemaking emerge, we will continue to monitor developments and share updates to help businesses and professionals navigate the evolving immigration landscape.
For tailored guidance on H-1B filings or workforce planning, feel free to reach out to our team.