On September 19, 2025, President Donald Trump signed a proclamation: Restriction on Entry of Certain Nonimmigrant Workers – The White House which adds a $100,000 fee for individuals seeking to enter the U.S. in H-1B status from outside the United States.  The restriction on entry is to take effect at 9:01 pm PST Saturday, September 20, 2025/ 12:01 AM EST Sunday, September 21, 2025.   

During the live-stream announcement Mr. Trump referenced a $100,000 annual fee for all H-1Bs, initial and renewals.  However, the text of the Proclamation itself does not reference an annual fee; appears to apply only to H-1B visa holders seeking entry to the US from abroad; and also references an unclear restriction on “decisions on petitions” not accompanied by a $100,000 payment for H-1B holders who are currently outside the U.S.  There is no information as to how or when this fee would be collected.

The Proclamation also references exceptions for individuals, companies, and industries if the Secretary of Homeland Security (Kristi Noem) determines their admission to be in the national interest.  There is no information on how requests for such exceptions would be made or granted.

The Proclamation seeks to significantly overhaul the H-1B program, which is used by many U.S. employers to hire foreign workers in specialty occupations. “Specialty occupation” is legally defined as a professional position which requires at least a bachelor’s degree in a directly related field to do the job.  The Proclamation also references regulatory changes to prevailing wage requirements.

Legal challenges to the Proclamation are anticipated, as the imposition of such large fees may be within the purview of Congress rather than the Executive Branch.  

Litigation and/or clarification of the terms of the Proclamation are likely forthcoming. However, the chaos and uncertainty at U.S. consulates and ports of entry will be immediate. For H-1B holders currently outside the U.S. it may be too late to return prior to the deadline this weekend, but travel considerations should be taken into account. For H-1B holders currently in the U.S., it is advisable to defer any international travel until additional information is available.