Employment & Labor Insider

On Friday, President Trump signed a proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers" that requires a $100,000 payment to accompany new H-1B visa petitions for foreign workers outside the United States. Our original post about the proclamation, published Saturday and updated Saturday night, is available here. The proclamation became effective at 12:01 a.m. Eastern Time on Sunday, September 21, and it is in effect now. The fee applies to any new H-1B petition submitted after the effective date and time.

Contrary to earlier reports, the fee does not apply to

• Individuals who already have H-1B status or an H-1B visa stamp
• H-1B extensions.

FAQ No. 1: Is this fee annual or one-time?

The proclamation called it an "annual fee," which caused confusion. However, a White House official has confirmed that it is a one-time fee.

FAQ No. 2: Can current H-1B holders travel?

The proclamation does not affect the ability of any current visa holder to travel to or from the United States. However, all H-1B visa holders should exercise extreme caution when departing the United States. Please consult immigration counsel before traveling outside the country.

FAQ No. 3: Are there exceptions to the fee requirement?

Yes. The fee does not apply to “any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary's discretion, that the hiring of such aliens is in the national interest and does not pose a threat to the security or welfare of the United States.”

At this time no guidance has been provided with respect to the criteria or the process for applying for an exception.

FAQ No. 4: How long will this fee be in effect?

The fee will expire 12 months after the effective date (September 21, 2026) but can be extended.

FAQ No. 5: What other changes are planned?

As we reported on Saturday, the proclamation directs the Secretary of Labor to issue regulations revising and raising the prevailing wage levels, and directs the Secretary of State to issue guidance aimed at preventing the misuse of B visas by foreign nationals with approved H-1B petitions with validity beginning before October 1, 2026.

It also directs the Secretary of the Department of Homeland Security to issue regulations that would give priority to high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels. 

What we don't know yet

There are a number of unknowns and "insufficiently knowns" at this point:

• The specific payment mechanism, timing requirements, and documentation needed for the fee payment have not been detailed.
• The proclamation and subsequent guidance that is currently available do not define “new petition." It is unclear what type of H-1B petitions will be considered “new."
• It is not certain, but we believe the following will not be affected by the proclamation:
  • H-1B amendments
  • Change of employer petitions.

The effect of the proclamation on H-1B Change of Status petitions is unclear.

• The criteria, application process, and decision-making framework for national interest exceptions have not been specified by the Department of Homeland Security.
• The impact on H-4 dependent visas, H-1B1 (Chile/Singapore), and other related categories needs clarification, though H-1B1 Chilean/Singaporean nationals should not be subject to the proclamation, as they fall under separate legal provisions.
• Details about the DOL rulemaking to revise prevailing wage levels and Homeland Security's prioritization system for high-skilled workers are not yet available.

As we said on Saturday, we fully expect this proclamation to be challenged in court, with lawsuits being filed as early as this week.

PLEASE NOTE: The above information is based on available official guidance as of September 22, 2025, 3 p.m. Eastern Time. Additional clarifications and implementing regulations are expected. Employers and individuals should consult with immigration attorneys about specific situations and monitor official government channels for updates.