On Friday, September 19, President Donald Trump signed a proclamation that would require a USD 100,000 fee for H-1B applications.
It has been anticipated for several weeks that the Trump administration would be issuing proposed rule changes to the H-1B program, with the underlying goal of limiting the H-1B visa and in favor of hiring US-born workers. This significant fee – as has been reported today – has not been previously signaled.
Key Provisions of the Proclamation
Entry Restriction and Fee Requirement
Effective September 21, 2025, foreign nationals seeking entry under the H-1B specialty occupation category must meet the following condition:
- USD 100,000 payment must accompany or supplement the H-1B petition
- Applies to applicants currently outside the US
- Valid for 12 months, unless extended
Exceptions
The restriction does not apply if the Secretary of Homeland Security determines that:
- The hiring is in the national interest
- The employment does not pose a threat to US security or welfare
Compliance Measures
- Employers must retain documentation of the required payment
- The Department of State (DoS) will verify payment before approving visa petitions
- DHS and DOS will coordinate enforcement and deny entry to noncompliant applicants
Future Review and Recommendations
Within 30 days of the next H-1B lottery, federal agencies must submit a recommendation to the President on whether to extend or renew the restriction.
Additional Policy Actions
- The Department of Labor will initiate rulemaking to revise prevailing wage levels
- DHS will prioritize admission of high-skilled, high-paid foreign workers
What to Expect:
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If the White House were to try to subvert rulemaking, litigators will block this in court for an APA violation.
The Trump administration asserts that foreign labor, particularly lower paid labor, are displacing or replacing American workers, and that it is a national security threat.
Economists, including the Congressional Budget Office (CBO), correlate immigration with the economy. CBO estimated last year that the surge in immigration beginning in 2021 would increase federal revenue by hundreds of billions of dollars over several years, linking more immigrants with increased economy-wide productivity, a larger labor force and increased gross domestic product.
Update at 4:15 PM ET on September 19, 2025:
White House Press Secretary Karoline Leavitt posted on X (formerly Twitter) to address confusion and misinformation surrounding President Trump’s September 19, 2025, proclamation imposing a $100,000 fee on certain H-1B petitions.
According to Ms. Leavitt’s post on behalf of the White House:
- “This [Proclamation] is NOT an annual fee. It’s a one-time fee that applies only to the petition.
- Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter.
- H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.
- This applies only to new visas, not renewals, and not current visa holders.
- It will first apply in the next upcoming lottery cycle [FY2027].”
*Text in brackets is added by Erickson Immigration Group for clarity.
Update on September 20, 2025:
USCIS issued an Action Decision Memorandum stating the following:
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Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), entry into the United States of nonimmigrants to perform services in a specialty occupation is restricted, unless their petition is accompanied or supplemented by a payment of $100,000.
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This guidance applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025. This proclamation only applies prospectively to petitions that have not yet been filed.
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The proclamation does not apply to individuals who are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B nonimmigrant visas.
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The proclamation does not impact the ability of any current visa holder to travel to or from the United States.
CBP issued a memorandum, sharing it via X (formerly Twitter); in addition to the guidance issued by USCIS, CBP clarified the following:
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USCIS and the DoS have been instructed to begin implementing the new monetary requirements for employers submitting petitions on behalf of individuals outside the United States for new H-1B petitions only.
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CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.
Update on September 21, 2025:
On Sunday evening, both the White House and the DoS published identical FAQs. The content closely aligns with Karoline Leavitt’s tweet and the USCIS memo.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.