News Alert: New $100,000 Fee Imposed for Certain H-1B Petitions to Restore Integrity
Image by Simon from Pixabay. On September 19, 2025, President Trump issued a Proclamation, titled "Restriction on Entry of Certain Nonimmigrant Workers," that effectively imposes a massive $100,000 fee on certain new H-1B petitions. This Proclamation took effect on September 21, 2025, at 12:01 a.m. EDT, and is slated to last for twelve months, with the possibility of extension. Find out the reason for this development, who is affected, the requirements and who is exempt from this change.
New $100,000 Fee Imposed for H-1B Petitions
The landscape for employers seeking to hire foreign talent and for prospective H-1B workers has just undergone a dramatic, immediate shift. On September 19, 2025, the President issued a Proclamation, titled "Restriction on Entry of Certain Nonimmigrant Workers," that effectively imposes a $100,000 fee on certain new H-1B petitions. This Proclamation took effect on September 21, 2025, at 12:01 a.m. EDT, and is slated to last for twelve months, with the possibility of extension. But, it’s important to note that not everyone is required to pay this fee. Here’s what you need to know about this new development.
What is the reason for this new requirement?
Historically, the H-1B nonimmigrant visa program was designed with a clear, critical goal: to bring highly-skilled, temporary workers to the U.S. to supplement the American workforce where specialized talent was truly unavailable. According to the Proclamation, over time, it has been used as a mechanism for exploitation and replacing American workers with lower-paid, lower-skilled labor, particularly by IT outsourcing companies, including:
Replacing Americans for Cost Savings: Research has shown that some employers gain a significant financial advantage, with one study indicating a 36 percent discount for H-1B "entry-level" positions compared to traditional workers. Companies leverage these artificially low labor costs to close their IT divisions, fire American staff, and outsource jobs to H-1B workers.
Job Displacement and Layoffs: Reports have detailed troubling patterns of American tech companies laying off thousands of qualified American workers while simultaneously filing for thousands of new H-1B workers. For instance, one major company was approved for over 5,000 H-1B workers in FY 2025 around the same time it announced layoffs totaling more than 15,000 employees.
Disadvantaging New Graduates: The abuse has coincided with a challenging labor market for STEM graduates. According to a Federal Reserve Bank of New York study, recent college graduates in highly-demanded fields like Computer Science (6.1%) and Computer Engineering (7.5%) are facing some of the highest unemployment rates in the country—more than double that of some non-STEM majors.
The goal of the Proclamation is to restore the H-1B program to its intended function as a mechanism for temporary, additive, high-skilled talent, putting American workers first.
Who is Affected?
The $100,000 fee and travel restrictions are prospectively applied and primarily affect:
Individuals filing first-time H-1B petitions on or after September 21, 2025, who are currently outside the United States. A proof of the $100,000 payment must accompany the petition.
Individuals applying for a visitor visa (B visa) who have approved H-1B petitions with start dates before October 1, 2026. The Secretary of State is instructed to issue guidance to prevent misuse of B visas to enter the U.S. and then file a change of status to avoid the fee.
The proclamation effectively halts decisions on these new H-1B petitions and restricts entry of these certain H-1B workers unless the fee is paid. Proof of payment will be required at the consulate and/or port of entry.
Who is NOT Affected?
The subsequent guidance has offered a significant degree of relief for current H-1B workers, clarifying that the proclamation does not impact:
Individuals for whom H-1B petitions were filed before September 21, 2025. This includes petitions that were pending as of the effective date.
Individuals with a valid H-1B visa or currently approved H-1B petitions. Travel in and out of the U.S. is still permitted under your existing, valid H-1B status.
H-1B extensions, amendments, and changes of employer petitions for those currently in H-1B status who remain in the United States. The fee is a one-time fee on submission of a new H-1B petition, not for renewals
National Interest Exemptions (NIEs). The Proclamation specifically excludes any individual applicant, all individuals employed by a company, or individuals working in a specific industry, if the Department of Homeland Security (DHS) determines that it is in the national interest of the United States and that the exemption would not pose a threat to the security or welfare of the United States.
Key Requirements: The $100,000 Payment
The central requirement of the Proclamation is the imposition of a one-time, $100,000 payment that must accompany each "new" H-1B petition filed after the September 21, 2025 effective date for workers outside the U.S. Without proof of this payment, visa issuance or admission to the U.S. will be denied for affected individuals.
This measure serves two immediate purposes:
Impose a Cost on Abuse: By dramatically increasing the cost of hiring new H-1B workers, the fee removes the primary financial incentive for using the program as a cheap labor pipeline to replace Americans.
Prioritize the "Best of the Best": The higher cost ensures that only companies truly seeking the most unique and highly-skilled temporary foreign workers—for jobs where qualified Americans are truly unavailable—will utilize the program.
The Proclamation further mandates the Department of Labor to initiate a rulemaking to revise prevailing wage levels and the Department of Homeland Security to prioritize the admission of high-skilled and high-paid aliens.
Next Steps
It is crucial to understand that this guidance is new and may change. The government's communications have been general, and many questions remain unanswered, particularly around implementation. Furthermore, this Proclamation may face immediate and significant legal challenges. Thus, it is important to stay tuned and keep abreast of any updates directly for the relevant government agencies. Read the U.S. Citizenship and Immigration Services (USCIS) FAQs on this topic and guidance from the Customs and Border Protection (CBP).
If you are affected by this development, it is important to first consult an immigration attorney before making any international travel plans or filing any new H-1B petitions. Each case is different, so ask how this impacts your specific case. Stay tuned as we monitor this development. Follow us on Instagram, Twitter, Facebook, LinkedIn, Tumblr and TikTok, for up-to-date immigration news.
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