On Friday, September 19, 2025, President Trump issued a Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, that restricts the entry of H-1B visa holders into the United States or approval of new H-1B visas for individuals overseas unless the petitioning U.S. employer or the visa holder pays a one time $100,000 fee. Beginning at 12:01 a.m. EST on September 21, 2025, the Proclamation imposes a restriction on the entry into the U.S. of certain H-1B workers unless a $100,000 payment has been paid or a national interest exception applies. The restriction is set to expire in 12 months, absent any extension. Exceptions can be made for an individual, for all workers of a company, and for an entire industry, if such are deemed in the national interest. The National Interest exception is determined at the discretion of the Secretary of Homeland Security and applies to H-1B candidates coming to the U.S. to be employed in the national interest of the country, and this employment does not pose a threat to the security or welfare of the U.S.
The proclamation only applies prospectively to petitions that have been filed after September 21, 2025. The Proclamation does not apply to aliens who:
-
are the beneficiaries of petitions that were filed prior to September 21, 2025, the effective date of the Proclamation;
-
are the beneficiaries of currently approved petitions, or
-
are in possession of validly issued H-1B nonimmigrant visas.
This situation remains fluid as we continue to get updated information from the Administration. It is critical that H-1B visa holders and their H-4 dependents who are currently outside of the United States reach out for guidance and further instructions from their immigration counsel before entering the U.S. Further, it is imperative that H-1B visa holders and their H-4 dependents who are currently present in the U.S. refrain from traveling abroad at this time before consulting with immigration counsel.
Key Takeaways
-
Extensions of stay inside the U.S., including change of employer, change of status, and amended petitions, where the beneficiary remains in lawful H-1B status, are not expressly covered, so unless instructed otherwise, it appears they are exempt.
-
By requiring H-1B workers to pay this exorbitant fee, the Administration has effectively shut out teachers, non-profits, researchers, rural doctors, clergy, and other professionals who simply will not be able to afford the $100,000 fee. Employers may want to consider alternative visa options and whether the candidate may be eligible for a national interest waiver.
-
Employers should consult with immigration counsel to determine the necessity to consider alternative employment-based visa options for their H-1B employees.
The same Presidential Proclamation indicates that the Secretary of State shall issue guidance to prevent misuse of B visas by alien beneficiaries of approved H-1B petitions that have an employment start date beginning prior to October 1, 2026. Further, it provides that the Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and the Secretary of Homeland Security shall initiate rulemaking to prioritize the admission as nonimmigrants of high-skilled and high-paid aliens.
These developments are newly issued and have little guidance on the scope and procedures of implementation. We will continue to monitor this thoroughly and keep interested parties informed of any new updates. Please reach out to a member of our team with any questions concerning these updates.
The Gold Card Program
On the same day, President Trump also issued an Executive Order which would grant employment-based green cards to individuals willing to gift $1 million to the U.S. on his or her own behalf and $2 million for a corporation or similar entity donating on behalf of an individual. The Executive Order states that the Secretary of Commerce, the Secretary of State, and the Secretary of Homeland Security shall take all necessary and appropriate steps to implement the Gold Card program within 90 days of the order, which would be December 18, 2025.