New Proclamation Adds $100,000 Fee to Certain New H-1B Petitions

On September 19, 2025, President Donald J. Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The measure is framed as an initial step to reform the H-1B program to curb abuse and protect U.S. workers.

Beginning at 12:01 a.m. Eastern time on September 21, 2025, any new H-1B petition must be accompanied by a $100,000 payment. This applies to cap-subject filings in the FY2026 lottery as well as any other new H-1B petitions submitted on or after that effective time. The Proclamation directs the Department of Homeland Security and the Department of State to coordinate and take all necessary actions to implement these changes.

Federal agencies have begun issuing implementation guidance. U.S. Citizenship and Immigration Services has published instructions for petitioners, U.S. Customs and Border Protection has circulated guidance to its field offices, and the Department of State has provided parallel guidance to consular posts to ensure consistent processing.

The Proclamation is prospective. It does not apply to previously issued H-1B visas or to petitions filed before 12:01 a.m. Eastern on September 21, 2025. It also does not change fees associated with H-1B extensions or renewals; the new $100,000 payment is a one-time requirement tied to the submission of a new H-1B petition. Current H-1B visa holders may continue to travel in and out of the United States, as the Proclamation does not restrict their travel.

Further reforms are anticipated. The Department of Labor has been tasked with proposing rules to revise and raise prevailing wage levels, and the Department of Homeland Security has been directed to pursue rulemaking that would prioritize higher-skilled, higher-paid workers in the H-1B selection process. Additional changes are under consideration and are expected to be announced in the coming months.

What this means for employers and workers: organizations contemplating new H-1B filings should reassess budgets and timelines immediately considering the new payment requirement, verify whether a filing will occur on or after the effective time, and monitor agency guidance as procedures are finalized. Current H-1B employees and already-filed cases are not affected by the new payment.

This post provides general information and is not legal advice. For advice tailored to your situation, please contact I.S. Law Firm, PLLC.

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