Trump Administration Issues H-1B Travel Ban and New $100,000 H-1B Fee Effective 12:01 AM EDT September 21, 2025

Late on Friday September 19, 2025, President Trump issued a proclamation which restricts the entry into the United States of anyone seeking to enter or reenter in H-1B status without payment of a new fee of $100,000. This proclamation, Restriction on Entry of Certain Nonimmigrant Workers, is effective 12:01 am EDT Sunday September 21, 2025 and is scheduled to expire after one year but may be extended.

We are awaiting additional details regarding the implementation. Right now, it is understood to target the entry of H-1B workers into the United States who are currently outside of the U.S. and applies only to H-1B workers who attempt to enter after the effective date.  H-1B workers who are currently outside of the United States but who are eligible for reentry, should return to the U.S. before the effective date, 12:01 am E.D.T. September 21, 2025.  The proclamation is expected to also impact those who leave the U.S. after the effective date and try to reenter in H-1B status while the proclamation is effective.

For those H-1B workers currently outside the U.S., the proclamation indicates the USCIS will not adjudicate petitions unless accompanied by proof of payment of the $100,000 fee. Extensions inside the U.S. are not expressly covered by the proclamation and appear exempt unless further instructions indicate otherwise.

The proclamation instructs the Secretary of State, and the Secretary of Department of Homeland Security to jointly submit a recommendation regarding renewing or extending the restriction on entry. Additionally, the Secretary of State is instructed to provide guidance to prevent the misuse of B visas by beneficiaries with approved H-1Bs who have start dates prior to 10/1/26. The proclamation also indicates the Secretary of Labor will initiate rulemaking to revise the prevailing wage levels and prioritize the admission of high-skilled and high-paid nonimmigrants.

Some individuals, companies, or industries may be allowed an exception if DHS determines it is in the United States’ national interest and it does not pose a threat to security. The proclamation does not address whether the new fee and travel restriction applies to cap-exempt H-1B workers outside the United States.

The implementation and ramifications of this proclamation are still developing.  It is anticipated the proclamation will be challenged with litigation as well. Stay tuned for further updates.