On September 19, 2025, President Trump signed a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” which reforms the H-1B visa program. According to the Administration, the reforms “impose higher costs on companies seeking to use the H-1B program in order to address the abuse of that program while still permitting companies to hire the best of the best temporary foreign workers.”
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
As explained in an FAQ issued by the State Department, the proclamation:
- Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
- Authorizes the Department of Homeland Security and the Department of State to coordinate to take all necessary and appropriate action to implement the proclamation.
- U.S. Citizenship and Immigration Services has so far taken such action by issuing guidance regarding the proclamation, available here.
- U.S. Customs and Border Protection has also issued guidance, available here.
- The Department of State has posted guidance to all consular offices, consistent with the guidance from U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection guidance.
The proclamation does not:
- Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
- Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
- Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
Given the substantial financial impact of the proclamation, employers intending to file new H-1B petitions must assess their hiring strategies. The steep cost increase is poised to potentially impact hiring practices across numerous industries that rely on foreign talent, from technology to healthcare. Legal challenges questioning the proclamation’s statutory authority and its method of implementation are anticipated. We will continue to monitor both agency guidance and the expected legal challenges to provide timely updates on this evolving situation.