Trump Proclamation Imposes $100,000 Fee on New H-1B Petitions

Here's the latest update on the H-1B visa drama that unfolded on Friday night and became effective today:

On Friday, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without evidence of payment of a new one-time $100,000 fee by the petitioner, effective 12:01 am EST today. However, this only applies to future, NEW PETITIONS filed after today, not currently pending petitions. The purpose of this Proclamation is "to address systemic abuse of H-1B nonimmigrant visa."

The proclamation does not impact the ability of any current visa holder to travel to or from the USA.

RECOMMENDATIONS: Travel outside of the U.S. for visa processing/renewals will be impacted, so H-1B workers should refrain from all international travel until implementation is further clarified. For H-1B cap case beneficiaries with approved petitions and a valid H-1B visa, seek to enter the U.S. as soon as possible.

The Proclamation targets ENTRY of H-1B workers into the U.S. who are CURRENTLY OUTSIDE the U.S. pursuant to INA 212(f). The restriction on entry applies only to H-1B workers who attempt to enter the U.S. AFTER the effective date. It does not appear to impact H-1B workers ALREADY in the U.S.

However, it COULD impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.

Extensions of stay within the U.S., including change of employer, change of status and amended petitions are excluded, so long as the beneficiary remains in lawful H-1B status.

Within 30 days after the conclusion of the next H-1B lottery (i.e., March 2026), the Sec. of State, the Attorney General, the Sec. of Labor, and the Sec. of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.

The Secretary of State shall issue guidance to prevent the misuse of B-visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26 (presumably to prevent them from entering and filing a change of status and avoiding the fee).

Expect to see changes (aka increases) to the Prevailing Wage this year, and expect new rules to prioritize the admission of high-skilled and high-paid nonimmigrants.

There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.

As this story is currently unfolding, stay tuned for updates. This information is subject to change at any moment!

What are you thoughts on this new fee on H-1B petitions? Do you think there's enough abuse in the H-1B program to warrant this change? Do you think this Proclamation will be modified or overturned?