News

White House Proclamation: “Restriction on Entry of Certain Nonimmigrant Workers” and $100,000 Fee

On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. with an H-1B visa without the payment of a fee of $100,000 under certain circumstances. The proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers” is effective as of September 21, 2025, at 12:01 a.m. EDT and is set to expire after one year, but may be extended.

Since the publication of the proclamation, US Citizenship and Immigration Services (USCIS) and US Customs and Border Protection (USCBP) issued memoranda interpreting the proclamation. USCIS and USCBP align their guidance as referenced below. Based on our review of federal agency guidance and the proclamation, we summarize our current understanding of the proclamation below. We expect further clarification from the government on technical criteria soon. We recommend that you contact us for case
specific questions to provide you with any clarification.

Summary of the Proclamation

What is the H-1B proclamation about?

• The proclamation the payment of a $100,000 fee for H-1B petitions filed for individuals who are outside of the U.S. It applies to H-1B petitions filed on or after September 21, 2025. Further discussion on the type of H-1B petitions that are subject to the additional fee is reviewed below.
• USCIS and USCBP indicate that the proclamation does not apply to H-1B workers who are the beneficiaries of petitions that were filed before September 21, 2025.
• The proclamation does not apply to individuals who are in possession of a valid H-1B visa. • USCIS confirms that the $100,000 fee is a one-time fee on submission of a new H-1B petition where the beneficiary is outside the U.S.
• The noted exception to the payment of the $100,000 fee is for those individuals whose H-1B specialty occupation is in the national interest.

Frequently Asked Questions

Since the publication of the proclamation, US Citizenship and Immigration Services (USCIS) and US Customs and Border Protection (USCBP) issued memoranda interpreting the proclamation. USCIS and USCBP align their guidance as referenced below. We refer to their guidance in summarizing “frequently asked questions” from clients regarding the proclamation. The answers provided below are based on our current understanding of the proclamation, current interpretations by government agencies, and White House announcements. We anticipate further clarification from the government on open technical questions.

If I was present in the U.S. when my employer filed my H-1B petition before September 21, 2025, and I have an H-1B approval and a valid H-1B visa stamp, can I travel internationally without having to pay the $100,000 fee?

• Yes, if you have a valid H-1B visa stamp in your passport, you may rely on it to apply for reentry to the U.S. from international travel.
• In this case, your employer must have filed the H-1B petition before September 21, 2025.

If I was present in the U.S. when my employer filed my H-1B petition before September 21, 2025, can I travel internationally to apply for a new H-1B visa without having to pay the $100,000 fee?

• From the published guidance, it is unclear whether the new proclamation applies in this situation. We recommend awaiting clearer guidance from the U.S. government as to whether you can exit the U.S. and apply for an H-1B visa at a U.S. Consulate or Embassy.
• We recommend that you refrain from international travel if you need to apply for a new H-1B visa stamp.
• We recommend contacting your immigration attorney to review this in greater detail.

Who must pay the $100,000 fee and when?

• It is not clear from the proclamation who must pay the fee – whether the employer or the H 1B worker. The proclamation confirms that employers must obtain and retain documentation showing that the payment was made prior to the filing of an H-1B petition on behalf of an individual outside of the U.S.
• The government has not made an announcement as to how or where to pay the fee.

If I am in the U.S. and my employer needs to file an H-1B extension petition after September 21, 2025, does this new fee apply to my H-1B extension petition?

• USCIS confirms in its memo that the proclamation “does not change any payments or fees required to be submitted in connection with any H-1B renewals.”
• We expect further clarification from the government on technical criteria soon. We recommend that you contact us for case specific questions to provide you with any clarification.

If I am outside of the U.S. and my employer files a new H-1B petition after September 21, 2025, does this new fee apply to my H-1B petition?

• Yes, if you are outside of the U.S. when your employer files the new H-1B petition and they file the petition after September 21, 2025, the petition is subject to the new $100,000 fee.
• The most likely scenario in this regard includes a new H-1B petition filed based on the FY2027 lottery selection process for an individual who is outside of the U.S.
• As various scenarios may qualify a petition as a new one, we are awaiting further guidance from the government on what new petitions apply for purposes of this proclamation.
• When applying for the new H-1B visa at a U.S. Consulate or Embassy, the U.S. Consulate or Embassy must verify with U.S. Citizenship and Immigration Services (USCIS) that the $100,000 fee was paid.

Would this apply if I am a Canadian citizen and am exempt from obtaining an H-1B visa?

• Yes, if you are outside the U.S. at the time a new H-1B petition is filed on or after September 21, 2025, the new petition may be subject to the new fee.
• As various scenarios may qualify a petition as a new one, we are awaiting further guidance from the government on what new petitions apply for purposes of this proclamation.

Who is Restricted from Entering the U.S.?

• The proclamation does not prevent any holder of a current H-1B visa from traveling in and out of the U.S. based on the terms of this proclamation.
• The proclamation does not apply to any previously issued H-1B visas, or any petitions filed prior to 12:01 EDT on September 21, 2025. This includes petitions that are still pending.
• If the H-1B petition is subject to the additional $100,000 fee, USCBP must deny entry to the U.S. to any H-1B worker for whom the prospective employer has not made the $100,000 payment on new petitions filed on or after September 21, 2025.

As the proclamation has been recently published, we expect more guidance from the government on clarifications on technical criteria for those petitions subject to the restrictions, on the payment of the $100,000 fee, and on applying exceptions based on national interest to the restrictions. We will monitor any updates closely and will provide guidance accordingly. Should you require immediate attention to your specific questions, please contact us directly.

Resources

• Presidential Actions: Proclamation: Restriction on Entry of Certain Nonimmigrant Workers,” September 19, 2025. https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
• USCIS: H-1B FAQ. September 21, 2025. https://www.uscis.gov/newsroom/alerts/h-1b-faq. USCIS Memorandum: “Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, H-1B.” September 20, 2025. https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
• USCBP Memorandum: “Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, [H-1B].” September 20, 2025. https://x.com/CBP/status/1969512486627095007/photo/1
• USCIS: H-1B FAQ. September 21, 2025. https://www.uscis.gov/newsroom/alerts/h-1b-faq