Trump Signs Proclamation Imposing $100,000 Fee on New H-1B Petitions

On Friday, September 19, 2025, President Donald J. Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This measure represents a dramatic shift in U.S. immigration policy and marks the first step in a series of reforms aimed at reshaping the H-1B program.

The most significant change: a $100,000 supplemental fee for all new H-1B petitions filed on or after September 21, 2025.

Key Provisions of the Proclamation

• $100,000 Supplemental Fee: Any new H-1B petition submitted on or after 12:01 a.m. EDT, September 21, 2025 must include this payment. This includes the 2026 lottery and any petitions filed in the future.
• Agency Coordination: The Department of Homeland Security (DHS) and the Department of State have been directed to implement the rule. USCIS, CBP, and U.S. consulates have already issued internal guidance.
• Forward-Looking Reform: The administration has indicated this is an “initial and incremental” step, with further reforms expected soon.

What the Proclamation Does Not Do

• No Retroactive Application: It does not affect petitions filed before September 21, 2025.
• No Change to Renewals: H-1B extensions and amendments are not subject to the new fee.
• No Travel Ban for Current Holders: Individuals holding valid H-1B visas issued prior to the effective date may continue to travel in and out of the U.S. under current rules.

Inside vs. Outside H-1B Filings: Who Is Affected?

The impact of the proclamation depends heavily on whether the worker is inside or outside the United States.

Inside the U.S. (Change of Status / Extensions)

• Petitions filed by workers already in the U.S. (such as moving from F-1 to H-1B, or extending an existing H-1B) are processed by USCIS domestically.
• These filings are not directly impacted by the proclamation.
• Workers can continue employment with their sponsoring employer without paying the new fee.

Outside the U.S. (Consular Processing / Visa Stamping)

• Workers outside the U.S. or those needing visa stamping at a consulate are subject to the proclamation.

Workers Who Already Hold an H-1B Visa

• Current H-1B visa holders can continue working. Extensions or amendments filed within the U.S. remain unaffected.

Anticipated Next Steps in H-1B Reform

The proclamation also previewed additional measures, including:

• Raising Wage Levels: The Department of Labor will revise prevailing wage rules to push employers to hire “the best of the best.”
• Lottery Restructuring: DHS is expected to prioritize higher-skilled and higher-paid applicants in the annual H-1B lottery.
• Further Announcements: More reforms may be rolled out in the coming months.

Practical Takeaways

For employers:

• Budgeting for foreign talent will change significantly.
• Sponsoring new hires from abroad may require a $100,000 upfront payment.

For employees:

• If you are inside the U.S., avoid unnecessary travel abroad until more guidance is available.
• If you are outside the U.S., entry after September 21, 2025, may be blocked without the supplemental fee.

Conclusion

The Trump Administration’s proclamation represents a major turning point in U.S. high-skilled immigration policy. While inside-U.S. extensions and changes of status are safe for now, new filings from abroad face unprecedented financial and procedural barriers.

At The Ahluwalia Firm, we are closely monitoring these changes and advising both employers and H-1B professionals on how to prepare for the evolving landscape. If you have questions about your case, our attorneys are here to help.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Immigration laws and policies change quickly, and the details of this proclamation may be clarified or challenged in court. For advice tailored to your circumstances, please consult with an experienced immigration attorney.