H-1B Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers”
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On Sept. 19, 2025, President Trump signed a Proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," reforming the H-1B visa program. Per the alert issued by United States Citizenship and Immigration Services (USCIS) the Proclamation made the following changes:
- A $100,000 payment is required for any new H-1B visa petitions submitted after 12:01 a.m. Eastern Daylight Time on Sept. 21, 2025.
- This fee includes the filing fee for petitions filed during the FY 2027 H-1B Cap lottery and any other initial H-1B petitions submitted after Sept. 21, 2025.
The Proclamation does NOT:
- Apply to any previously issued H-1B visas or petitions submitted prior to 12:01 a.m. Eastern Daylight Time on Sept. 21, 2025.
- Apply to any H-1B renewals, extensions, or amendments. This is a one-time fee on the submission of an initial H-1B petition.
- Does not impact current H-1B Visa holders from traveling in and out of the United States if they are otherwise free to travel.
- We recommend that all current H-1B visa holders carry the USCIS Memo and Customs and Border Protection Memo explaining that they are not subject to the $100,000 fee.
Those who are not subject to the $100,000 fee may be subject to revised prevailing wage levels that require a higher salary. Included in the Proclamation, it was noted that further steps will be taken to revise the salary requirements and wage levels required to obtain an H-1B visa. These revisions have not yet been made. RIS will continue to monitor these changes. To read the full alert please click here: USCIS H-1B Proclamation Alert.
Please contact your assigned RIS attorney if you have any questions.