Trump Signs Proclamation Restricting H-1B Entry

This post was originally published on Sept. 19, 2025. As this story continues to evolve, we have updated the content to reflect the latest news and developments from the White House, DHS, USCIS and the State Department. We recommend bookmarking this page and checking back regularly for the latest updates and guidance. Further details will be shared as official guidance and regulatory updates are released by the relevant government agencies.

For insights on the proposed $100,000 H-1B fee and its impact on employers and employees, read our in-depth FAQ featuring guidance from immigration attorneys.

Key Point  

• President Trump has signed a proclamation imposing a $100,000 fee on H-1B visa petitions for foreign workers outside the U.S. 

October 3, 2025 – Legal Challenge Filed

On October 3, 2025, a coalition of healthcare organizations, labor unions, academic institutions, religious groups and individual workers filed a federal lawsuit in the Northern District of California challenging the $100,000 H-1B visa entry fee imposed by the proclamation. The plaintiffs argue that the fee is unlawful and unconstitutional and threatens critical workforce pipelines. For full details, read Envoy Global’s coverage of the lawsuit here.

September 21, 2025 – White House and State Department FAQ

Following President Trump’s September 19, 2025, Proclamation restricting the entry of certain nonimmigrant workers, the White House and the U.S. Department of State have released detailed FAQs clarifying how the new $100,000 H-1B petition fee will be implemented and what it does not affect.

Key Clarifications from the White House and State Department on the H-1B Proclamation 

• Effective Date and Scope: The $100,000 fee applies to all new H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025. This includes the upcoming 2026 lottery and any other new filings. Renewals are not subject to the fee.
• No Impact on Current Visa Holders: The Proclamation does not affect previously issued H-1B visas or petitions submitted before the deadline. Current H-1B holders can continue traveling in and out of the U.S. without restriction.
• Agency Coordination: DHS and the State Department are actively coordinating the implementation. USCIS, CBP and consular offices have already issued guidance to ensure consistent enforcement across agencies.
• Future Reforms Previewed:
• • The Department of Labor will initiate rulemaking to raise prevailing wage levels, aiming to “upskill” the H-1B program.
  • DHS will prioritize high-skilled, high-paid applicants in future lotteries.
  • Additional reforms are under consideration and expected in the coming months.

The new fee’s applicability to H-1B amendments, including changes of employer, remains uncertain. As of September 21, 2025, neither the White House nor the State Department has issued definitive guidance on this issue. We are closely monitoring developments and will provide updates as further clarification becomes available.

September 20, 2025 – H-1B Proclamation Details Clarified

September 20, 2025 – Following the September 19 proclamation restricting the entry of certain H-1B nonimmigrant workers, additional guidance has been issued clarifying its scope and enforcement:

• Effective Date: The proclamation applies only to H-1B petitions filed after 12:01 AM ET on September 21, 2025.
• $100,000 Payment Requirement: Employers must accompany or supplement new H-1B petitions with a $100,000 payment for the beneficiary to be eligible for entry.
• Exemptions*:
  • Beneficiaries of petitions filed before the effective date
  • Individuals with currently approved petitions
  • Holders of validly issued H-1B visas
• Travel Unaffected: The proclamation does not impact the travel rights of current H-1B visa holders.
• USCIS Enforcement: All USCIS officers are directed to ensure their decisions align with this guidance.

*Petitioners filing under cap-exempt categories appear to be exempt from the fee. However, given recent policy developments, international travel after filing may be uncertain until the administration provides further updates.

White House Moves to Limit H-1B Use

September 19, 2025 – President Donald J. Trump signed a presidential proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. The proclamation suspends the entry of certain H-1B nonimmigrants into the U.S. and requires U.S. employers to pay a $100,000 fee for each H-1B nonimmigrant worker seeking entry from outside the country. The proclamation takes effect at 12:01 a.m. EST on September 21, 2025.

Key Provisions of the Proclamation:

• Restricts entry of H-1B nonimmigrants unless the petition is accompanied by a $100,000 payment.
• Applies to workers outside the U.S. at the time of petition.
• Grants the Secretary of Homeland Security discretion to exempt individuals, companies or industries deemed in the national interest.
• Directs the Secretary of Labor to initiate rulemaking to raise prevailing wage levels.
• Orders DHS and the State Department to coordinate enforcement and deny entry to H-1B workers whose employers have not paid the fee.

The government will end the restriction 12 months after it takes effect, unless it extends it. Agencies must submit recommendations on renewal within 30 days of the next H-1B lottery.

Policy Directives

The proclamation also directs federal agencies to revise and tighten H-1B program standards:

• Department of Labor will revise prevailing wage levels under INA §212(n).
• DHS will prioritize high-skilled, high-paid H-1B workers in future admissions.

Project Firewall Targets H-1B Abuse

On September 19, 2025, the Department of Labor launched new enforcement actions under Project Firewall to crack down on H-1B program abuse—the same day the proclamation was signed.

Additional Resources for Employers and Employees 

To help employers navigate the potential implications of the proposed $100K H-1B fee, Envoy Global has published an in-depth FAQ featuring insights from U.S. immigration attorneys. This resource includes the latest updates from the U.S. government, current guidance on international travel and key questions that remain unresolved.

In related news, on September 24, 2025, the Department of Homeland Security (DHS) released a proposed rule to implement a weighted H-1B registration system. Under this system, petitions offering higher wages would receive increased chances of selection—an approach that aligns with the proclamation’s goal of prioritizing highly skilled foreign workers. To learn more about the proposed rule, read our news alert.

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