Trump Administration Issues Proclamation Changing H-1B Visa Program

Strategic Insights -

The Trump administration has issued a Proclamation that drastically changes the H-1B visa program, effective immediately. The Proclamation requires new H-1B visa petitions submitted to USCIS on or after September 21, 2025, to be accompanied by a $100,000 payment for H-1B beneficiaries outside of the United States to become eligible for admission into the United States. This new requirement is causing widespread confusion and concern among U.S. employers, H-1B visa holders, and prospective H-1B visa holders.

Key Takeaways:

  • The Proclamation requires new H-1B visa petitions submitted to USCIS on or after September 21, 2025, to be accompanied by a $100,000 payment for H-1B beneficiaries outside of the United States.
  • The $100,000 payment does not apply to H-1B beneficiaries whose petitions were filed prior to September 21, 2025, or who are currently physically present in the United States.
  • H-1B visa holders in the United States are strongly advised to consult immigration counsel prior to departing the United States for temporary travel.
  • U.S. employers considering or preparing to file new H-1B visa petitions with USCIS are strongly advised to consult immigration counsel prior to filing.
  • The Proclamation includes a "national interest exemption" for individuals, companies, and/or industries for which H-1B employment is in the national interest of the United States.
  • Dependents on H-4 visa status are not explicitly addressed in the Proclamation, but are likely to be impacted by U.S. entry restrictions if the underlying H-1B visa is subject to restrictions.
  • Non-immigrants on other visa statuses, such as F-1 OPT or F-1 OPT STEM extension, L-1s, O-1s, and TNs, are not explicitly addressed in the Proclamation.

Statistics:

  • The new $100,000 payment requirement applies to all new H-1B visa petitions submitted to USCIS on or after September 21, 2025.
  • The payment is required for H-1B beneficiaries outside of the United States to become eligible for admission into the United States.
  • The Proclamation specifies that the $100,000 payment will be in effect for 12 months beginning 12:01 AM on September 21, 2025.

Sources:

  • The White House: Proclamation Issued by the President (available here)
  • U.S. Citizenship and Immigration Services (USCIS)
  • U.S. Department of State (as of September 21, 2025)
  • Mondaq Ltd.