Presidential Proclamation on H-1B Visas: The New $100,000 Entry Fee Explained

Fri, 19 Sep 2025 21:24:01 -0500

On September 19, 2025, the White House issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This order introduces sweeping changes to the H-1B visa program, adding new costs and compliance requirements for U.S. employers who sponsor foreign workers. If you are an employer who relies on H-1B talent or a foreign professional hoping to enter the U.S. on H-1B status here’s what you need to know.

The $100,000 Payment Requirement

Starting September 21, 2025, employers filing an H-1B petition for a worker outside the U.S. must include a $100,000 payment with the petition. Without this payment, the worker will not be allowed to enter the U.S. on an H-1B visa. This rule applies to petitions for new hires abroad, not to workers who are already in the U.S. in valid status.

Duration of the Rule

Effective 12:01 a.m. EDT, September 21, 2025
In place for 12 months, unless extended

Exceptions

The restriction does not apply if the Department of Homeland Security finds that hiring the H-1B worker is in the national interest or poses no risk to national security or U.S. welfare. These exceptions are expected to be narrow and will likely require strong documentation.

What This Means for Employers

Higher Costs: The $100,000 fee is in addition to regular filing fees and legal expenses. For many businesses, especially startups or mid-sized companies, this will be a significant barrier.
Careful Planning Needed: Employers should evaluate whether they can absorb these costs, or if other visa categories (such as L-1 or O-1) might be more viable.
Compliance Risk: Missing the payment or failing to document it properly will likely result in denials. Agencies will be scrutinizing these filings.
Wage Policy Ahead: The proclamation also directs agencies to raise prevailing wage levels and prioritize higher-paid H-1B workers. Employers may need to increase salaries to remain competitive in the program.

What This Means for H-1B Beneficiaries

Potential Delays or Cancellations: If your sponsoring employer cannot or will not pay the $100,000 fee, your H-1B start date could be delayed—or your offer could be withdrawn.
More Selective Hiring: Employers may focus only on roles that justify the high cost, likely favoring senior, specialized, or higher-paid positions.
National Interest Path: If your work supports U.S. infrastructure, healthcare, defense, or other vital sectors, your employer may be able to request an exception.

Next Steps