UPDATE: On September 20, 2025, USCIS issued a memo clarifying the proclamation only applies to new H-1B visa petitions filed September 21, 2025 or later.
How Does the Proclamation Impact H-1B Workers?
A September 19, 2025, Proclamation issued by the Trump Administration restricts the entry into the USA of H-1B visa holders, except for those whose petitions are accompanied by a $100,000 payment. The restriction goes into effect on September 21 at 12:01 a.m. EST and remains valid for 12 months, unless otherwise extended. The proclamation indicates the Secretary of State will issue guidance to “prevent misuse of B visas” for those with approved H-1B petitions that have an employment start date prior to October 1, 2026.
How and Where Can I Pay the $100,000 Fee?
There is no stated procedure for paying the fee. The proclamation states only that employers must “obtain and retain documentation showing that the payment…has been made.”
Are There Any Exceptions?
A waiver of this restriction is available to an individual H-1B worker, all H-1B workers in a company, or all H-1B workers in an industry, if the Secretary of Homeland Security determines that the hiring of those H-1B workers is in the national interest and does not pose a threat to the security or welfare of the United States. The proclamation provides no process for applying for this waiver. The Trump Administration has issued no other guidance regarding this waiver.
Does This Restriction Impact H-1B Workers Within the United States?
The proclamation, as currently written, appears to limit the entry of H-1B workers into the United States, and therefore seems to only impact those individuals outside the United States and who seek to enter after September 21, 2025, at 12:01 am EST.
What Are The Other Implications of the Proclamation?
The Secretary of Labor must initiate rulemaking to revise the prevailing wage levels to prioritize the admission of “high-skilled and high-paid aliens”. Within 30 days of the next H-1B lottery, federal agencies must recommend whether to extend or renew the restrictions.
How Should Workers and Employers React?
While the proclamation leaves many questions unanswered, it may be prudent to:
- Limit International Travel for H-1B Visa Holders: The $100,000 payment is required for an H-1B worker seeking to enter the USA after September 21, 2025, so those already in the United States should carefully consider the implications of travel.
- Prioritize Transfers and Extensions: Employers should consider prioritizing domestic transfers and extensions as the proclamation appears limited to those H-1B workers entering the USA.
If you or your company are impacted by the proclamation, reach out to our experienced immigration attorneys today to help you understand your options. The attorneys at Murray Osorio can help.