On Friday, September 19, 2025, President Donald J. Trump signed a new proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This marks an important first step in the administration’s broader plan to reform the H-1B visa program, with the stated goals of curbing abuses and strengthening protections for American workers.
Key Changes Introduced
The proclamation introduces a new financial requirement for H-1B applicants:
- $100,000 mandatory fee for any new H-1B petitions submitted after 12:01 a.m. EDT on September 21, 2025.
- This requirement applies to the 2026 H-1B lottery and any subsequent petitions filed after the deadline.
In addition, the order authorizes the Department of Homeland Security (DHS) and the Department of State (DOS) to take all necessary actions to implement the policy. Agencies have already begun issuing guidance:
- U.S. Citizenship and Immigration Services (USCIS): Published official instructions for petitioners.
- U.S. Customs and Border Protection (CBP): Released operational guidelines.
- U.S. Department of State: Notified all consular offices to align with USCIS and CBP guidance.
What the Proclamation Does Not Do
It’s important to note that this order is narrow in scope and does not impact existing visa holders or renewals:
- No effect on previously issued H-1B visas or petitions filed before September 21, 2025.
- No change in fees for renewals or extensions of current H-1B visas.
- No restrictions on travel for individuals who already hold valid H-1B visas.
This makes the $100,000 fee a one-time charge, tied only to new petitions.
Looking Ahead: Additional Reforms
The proclamation also hints at further reforms coming soon, with the goal of reshaping the H-1B program into a more selective, high-skilled pathway:
- Prevailing Wage Rulemaking (Department of Labor):
Planned updates to raise wage thresholds, ensuring employers hire only the “best of the best” foreign workers. - Lottery Prioritization (Department of Homeland Security):
Future lotteries may favor applicants with higher skills and salaries, reducing the chances for lower-wage filings. - Additional Measures Under Consideration:
More announcements are expected in the months ahead as part of the administration’s incremental reform strategy.
Bottom Line
This proclamation represents a dramatic shift in the cost and structure of the H-1B visa program. While existing visa holders remain unaffected, new applicants and employers face significantly higher financial hurdles starting September 21, 2025.
As future reforms unfold, the H-1B program appears to be moving toward a model that prioritizes higher-paid, higher-skilled workers, while tightening entry for others.
