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Emigration and immigration

New H-1B Fee and Entry Restriction: Practical Implications for H-1B Workers and Employers

Strategic Insights

— 2 min read

The recent proclamation issued by President Trump introduces a $100,000 annual fee for H-1B professionals entering the United States from abroad, with the aim of reducing reliance on foreign workers and encouraging companies to hire more U.S. employees. Effective September 21, 2025, the measure has sparked widespread concern among H-1B workers and employers. A webinar was conducted to address questions and provide clarity on the proclamation's impact.

Key Takeaways:

  • The proclamation, titled "Restriction on Entry of Certain Nonimmigrant Workers," was issued by President Trump under Section 212(f) of the Immigration and Nationality Act (INA).
  • The new measure introduces a $100,000 annual fee for H-1B workers entering the United States from abroad, with the fee applying to new entrants and not affecting those already in the U.S. unless they depart and re-enter.
  • The fee appears to be in addition to the current fees applicable to H-1B filings, and the Department of State, Department of Homeland Security, and Department of Labor have not issued any regulations or guidance to enforce this proclamation.
  • The restriction applies to H-1B workers currently outside the U.S. who seek to enter on or after the effective time, with exemptions for individuals, companies, or industries if DHS determines that admitting them is in the national interest and does not threaten U.S. security or welfare.
  • H-1B workers already in the U.S. are exempt from the entry restriction, but those who travel abroad and re-enter during the effective period would be subject to the fee and entry restriction.
  • Case-by-case exceptions for individuals, companies, or industries may be granted, but information about what constitutes national interest or how one can request this exemption is not yet available.
  • The July 27, 2025 proclamation also directed the Department of Labor to initiate rulemaking to revise prevailing wage levels consistent with the goals of the Trump Administration to prioritize admitting highly-skilled/highly paid workers.
  • Advocacy groups and private counsel are preparing lawsuits, with expected filings anticipated within the next two days.
  • Several scenarios illustrate the practical implications of the new rule, including:

+ H-1B workers who arrive at U.S. ports of entry after September 21, 2025, will be denied entry unless they have paid the $100,000 fee.

+ H-1B workers who are already in the U.S. and have an approved petition will not be affected, but those who depart and re-enter would be subject to the fee.

+ Employers with approved petitions for H-1B workers already in the U.S. are advised to file extensions of stay or change of employer petitions to avoid the fee.

  • The key recommendations for H-1B workers abroad are to return to the U.S. before September 21, 2025, 12:01 am EDT if possible and avoid non-critical travel outside the U.S. after the effective date.

Statistics:

  • The new $100,000 annual fee for H-1B workers entering the United States from abroad.
  • The restriction applies to H-1B workers currently outside the U.S. who seek to enter on or after the effective time.
  • The proclamation becomes effective at 12:01 a.m. Eastern Daylight Time (EDT) on Sunday, September 21, 2025, and is scheduled to last 12 months (through September 20, 2026), unless extended.
  • The fee and entry restriction do not apply to H-1B workers already in the U.S.

Sources:

  • Proclamation "Restriction on Entry of Certain Nonimmigrant Workers," issued by President Trump on September 19, 2025, under Section 212(f) of the Immigration and Nationality Act (INA).
  • timescontent.com (no date provided)

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