New Rules for H-1B Visas: What the $100,000 Fee Means

On September 19, 2025, President Donald Trump signed a presidential proclamation that limits the entry of certain H-1B nonimmigrant workers unless an employer files a petition that is accompanied by a $100,000 payment. The measure becomes effective at 12:01 a.m. Eastern on September 21, 2025, and it is set to remain in force for one year unless the administration extends it. The proclamation invokes the President’s authority under the Immigration and Nationality Act and directs federal agencies to coordinate implementation.

The rule will apply prospectively to petitions submitted after the effective time and generally will not affect petitions filed or approved before that moment; however, a worker who departs the United States after the deadline may be unable to reenter without the required payment. The Secretary of Homeland Security may exempt individuals or groups if an exemption is deemed in the national interest. The Departments of Labor and Homeland Security have been instructed to begin rulemaking to raise prevailing wages and strengthen enforcement, and agencies will verify payments before visa approval.

Major technology and financial firms have issued urgent internal advisories, while human resources teams have scrambled to help affected staff. Employers have been told to retain documentation of any payment remittance, because consular officers and border officials may require proof. Legal observers expect litigation, noting that the proclamation’s novel fee requirement and scope are likely to be challenged in court.

For now, companies and visa holders are awaiting further agency guidance that will explain procedures and exemptions, and many immigration lawyers recommend caution about international travel for those on H-1B status until the rules are clarified.