On Sept. 19, 2025, President Donald J. Trump issued a Proclamation significantly restricting the entry of certain H-1B nonimmigrant workers. As details about the impact of the Proclamation will continue to emerge over the coming days, our current understanding is that it does not affect beneficiaries of approved petitions or those who are in possession of valid H-1B nonimmigrant visas. We understand that the ability of current H-1B visa holders to leave the United States and re-enter is not affected. According to current White House information, the entry restriction will first be applied to beneficiaries who are the recipients of H-1B cap numbers after the next lottery cycle in 2026. Our understanding of the Proclamation will continue to evolve as more detail is shared about its impact and intent, so we encourage you to regularly check back here for updates and clarifications.
Legal challenges are expected, particularly regarding the payment requirement and its consistency with existing immigration law and precedent. We will continue to monitor developments and provide updates as more guidance becomes available. Key aspects of the Proclamation include:
$100,000 payment requirement
- All H-1B petitions (Form I-129) filed on behalf of foreign nationals outside the United States now must include a payment of $100,000.
- This is a mandatory prerequisite for petition approval, visa approval, and entry under the H-1B classification.
Limited exceptions
- Exceptions may be made by the Secretary of Homeland Security for certain individuals, companies, or industries, if the Secretary deems that the hiring of these employees is deemed in the national interest and not detrimental to the economic or security interests of the United States.
Enforcement and compliance
- Employers must pay the $100,000 prior to filing an H-1B petition on behalf of a foreign national who is outside the United States, and employers must retain records of the payment.
- U.S. embassies, consulates, and ports of entry will verify payment prior to issuing visas and permitting entry of H-1B nonimmigrants.
- The Departments of Homeland Security and State will coordinate to enforce entry restrictions.
Revised prevailing wage standards
- Agencies are directed to initiate rulemaking to update prevailing wage standards under the H-1B program, aimed at curbing perceived wage undercutting.
Priority for high-skilled, high-paid workers
- Future regulatory changes will prioritize the selection and approval of H-1B applicants with higher salaries and skills, in line with the administration’s “merit-based” immigration goals.
Duration and review process
- The Proclamation remains in force for 12 months, unless revoked or extended.
- A formal review will occur within 30 days following the next H-1B lottery. A joint recommendation from the Secretaries of Homeland Security, State, and Labor and the Attorney General will advise on whether the restriction should be extended.
Please reach out to our immigration counsel if you require assistance evaluating how this policy may affect your workforce or planning.