On September 19, 2025, President Donald J. Trump signed a proclamation that introduces major changes to the H-1B visa program. This new policy, which took effect at 12:01 a.m. eastern daylight time on September 21, 2025, requires a $100,000 payment to be submitted with all new H-1B petitions.
Key Provisions and Who They Affect
The new proclamation, titled “Restriction on Entry of Certain Nonimmigrant Workers,” specifically targets new H-1B applications. The $100,000 payment is a one-time fee required for any new petition filed after the effective date, including those for the upcoming 2026 lottery. This measure aims to curb program abuses and protect American workers.
This proclamation does not apply to:
- H-1B petitions submitted before 12:01 a.m. EDT on September 21, 2025.
- Previously issued H-1B visas.
- New H-1B visa applications based on petitions submitted prior to the effective date.
- H-1B visa renewals.
Current H-1B visa holders are also not prevented from traveling in and out of the United States under this new rule.
Further Reforms Underway
The proclamation also directs several federal agencies to initiate further reforms to the H-1B program. The Department of Labor is tasked with rule-making to revise and raise prevailing wage levels, while the Department of Homeland Security is directed to initiate rule-making to prioritize high-skilled, high-paid H-1B workers in the visa lottery. These additional reforms are intended to upskill the program and ensure it is used to hire “the best of the best” temporary foreign workers.
The Departments of State and Homeland Security will also be working to implement and enforce the new payment requirement. Employers must retain documentation of the payment, which will be verified during the petition process.
Conclusion
The implementation of these changes is a significant development for companies and individuals navigating the U.S. immigration system. Our firm is closely monitoring all new guidance from U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and the Department of State to ensure our clients are fully prepared. These updates can be found here.