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employer cannot or will not pay the $100,000 fee, your H-1B start date could be delayed—or your offer could be withdrawn.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

Employers: Review upcoming hiring plans and assess budgets. Talk with legal counsel about whether any hires may qualify for an exception.
Beneficiaries: Stay in close contact with your employer. Ask if they are planning to move forward with sponsorship and whether they are exploring alternate visa options.
Both Employers and Beneficiaries: Expect possible delays as the Departments of State and Homeland Security roll out new procedures and adjust systems.
This policy represents one of the most dramatic shifts in the H-1B program in decades. While intended to raise wages and protect U.S. workers, it creates major uncertainty for employers and foreign professionals alike. If you’re planning to hire or be hired under H-1B status after September 21, now is the time to revisit your options, plan for higher costs, and prepare for tighter scrutiny.

📩 Contact Konuri Law today to discuss how we can help you take the next step in your culinary journey.
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H-1B Update: White House Clears DHS “Weighted Selection” Proposal What Employers and Applicants Should Know

Mon, 15 Sep 2025 19:29:41 -0500

The White House’s Office of Information and Regulatory Affairs (OIRA) has completed review of a DHS/USCIS proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” (RIN 1615-AD01). This is a major procedural step toward publication in the Federal Register, where the public will be able to comment. No final changes are in effect yet, and the proposal’s exact text has not been released.

What remains the law today

In 2024, DHS finalized rules that:

Made H-1B registration beneficiary-centric (each person gets one chance regardless of the number of registrants/sponsors),

Added integrity measures, and
Added some flexibilities.

Those rules did not adopt wage-based selection. They are already in effect and governed recent cap seasons. If the forthcoming proposal ties selection priority to offered wages (as the title suggests), applicants tied to higher-paid roles could be advantaged. Sectors, roles, or geographies with lower prevailing wages could see reduced selection odds. Final impacts will depend on the rule’s definitions (e.g., how wages are determined, geographic/occupational adjustments, and any additional factors). We won’t know details until publication.

What we don’t know yet

How “weighting” works (e.g., wage levels, degree factors, or other criteria)
Documentation and verification standards for wages.
Applicability (limited to new registrations, or implications if any for extensions/transfers).
Effective date and which cap season would be first affected.

All of this will be clarified only when the proposed text appears in the Federal Register.

What you can do now

Employers: Review compensation bands and job descriptions for cap-subject roles; ensure offers are well-documented and benchmarked to credible wage sources (e.g., OES/prevailing wage data) in case wage evidence becomes outcome-determinative.
Prospective beneficiaries: Maintain clear offer letters and any wage documentation.
Everyone: Plan to submit comments once the proposal is published; stakeholder feedback can shape the final rule.
These are prudent steps pending publication; none presuppose final outcomes.

How Konuri Law can help

We are monitoring the proposal’s movement and will publish an update as soon as the Federal Register version is released (with comment deadlines and practical takeaways). We can also help you evaluate H-1B strategies under both current rules and potential weighted frameworks.

📧 Email: Contact@konurilaw.com 📞 Call: 512-851-8661 🌐 Book a consultation: www.konurilaw.com 📍 Our offices are located in Hutto and Round Rock, Texas, and we proudly serve clients in all 50 states.