September 21, 2025 , President Donald J. Trump signed a Proclamation titled “Restriction on Entry of Certain Non-immigrant Workers,” starting a major reform of the United States H-1B visa program. This new rule requires a $100,000 payment with any new H-1B visa petition submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
What is an H-1B Visa?
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that generally require at least a bachelor’s degree or equivalent experience. Common fields include technology, engineering, medicine, and other specialized professional areas. It is a critical pathway for highly skilled foreign professionals to work legally in the U.S. for an initial period of up to three years, extendable to six years.
Who It Applies To
- New H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025, including petitions submitted for the Fiscal Year 2026 lottery.
- Especially applies to employers filing initial petitions for beneficiaries currently outside the U.S..
Who It Does Not Apply To
- Any petitions filed and approved before 12:01 a.m. EDT on September 21, 2025, including those with approved visas or applications in process.
- Current H-1B visa holders applying for renewals, amendments, or transfers; their fees and travel privileges remain unchanged.
- Existing visa holders traveling in and out of the U.S. are not affected by this new fee requirement.
Additional Details
The Proclamation authorizes the Department of Homeland Security and Department of State to enforce the new fee and coordinate implementation efforts. Agency guidance from USCIS, CBP, and the State Department has clarified many provisions, easing earlier confusion about travel and petition processing.
The $100,000 fee is a one-time charge on new petitions only, aiming to curb alleged abuses of the program and encourage hiring of highly skilled, well-paid workers. Further reforms, such as revising prevailing wages and prioritizing high-wage applicants in the H-1B lottery, are also planned and will be announced soon.
Disclaimer: The information published in the above newsletter is collected from various sources in electronic medium and analyzed by the firm. The reader is advised to consult the attorney qualified in their jurisdiction, before acting on any information contained in this newsletter. India Juris excepts no liability what so ever in this regard.
