H-1B Visa Proclamation 2025: Restrictions & $100K Fee

ALBANY, NY | On Friday, September 19, 2025, the President issued a Proclamation, entitled Restriction on Entry of Certain Nonimmigrant Workers, to address systemic abuse of H-1B nonimmigrant visas.  The Proclamation provides that the USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.

Here is a summary of what we know so far:

When does it apply?

• The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.

Who is covered?

• The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S.
• The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date.
• It does not appear to impact H-1B workers already in the U.S.
• However, it could impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.

Who is not covered (at least based upon what we know so far)?

• Extensions of stay inside the U.S., including change of employer, change of status and amended petitions are not expressly covered, so unless instructed otherwise, it appears they are exempt.
• Petitions filed prior to the effective date of the proclamation.

What additional guidance are we still waiting for?

• Applicability to Cap-Exempt Petitions: The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.
• Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S.

What else does the Proclamation do?

• Directs the Secretary of Labor to initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.
• Directs the Secretary of State to issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26 – presumably to prevent them from entering and filing a change of status and avoiding the fee.
• Directs that within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.

The immigration lawyers at The Towne Law Firm, P.C. assist both employers and individuals with their immigration needs, from navigating the H-1B registration process to ensuring compliance with all immigration laws. With years of experience, we offer personalized solutions to help you achieve your immigration goals. Contact us today to learn how we can support you through the H-1B process and beyond.