President Donald J. Trump has issued a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” effective September 21, 2025, which imposes a one-time $100,000 fee on all new H-1B visa petitions, including those submitted for the FY 2026 lottery. This fee applies only to new petitions and does not impact petitions filed before the effective date, H-1B renewals or extensions, or current H-1B visa holders, including those temporarily outside the U.S. The Proclamation clarifies that existing H-1B holders retain their travel rights and will not be subject to this fee upon re-entry. U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and the Department of State have begun implementing the Proclamation, but the situation remains fluid pending official written guidance. The American Immigration Lawyers Association (AILA) has confirmed that current visa holders should not face re-entry issues, though caution is advised.

Looking ahead, the Proclamation signals broader regulatory shifts, including anticipated rulemakings by the Department of Labor to raise prevailing wage levels for H-1B workers, focusing on top-tier talent, and by the Department of Homeland Security to prioritize high-skilled, high-wage applicants in the H-1B lottery selection process. These measures represent a significant change in U.S. immigration policy with substantial legal and financial implications for employers and petitioners. Stakeholders are strongly advised to monitor forthcoming regulations closely and adapt compliance and workforce strategies accordingly.

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