On September 19, 2025, President Trump issued a Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers” banning certain persons with H1B visas from entering the United States starting on September 21, 2025 unless their employer’s paid a $100,000 fee for an H1B petition.
The Proclamation also directs the Secretary of Labor to initiate rulemaking to revise the prevailing wage levels for the H-1B program and directs the Secretary of Homeland Security to initiate rulemaking to prioritize high-skilled, high-paid H-1B workers.
However, the Proclamation also provides that the $100,000 “shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.”
The Proclamation caused great confusion among both both H1B employer and employees as to who it applied to. Later, the White House clarified that it applied only to new applicants, not to current H1B visa holders or to persons in the United States seeking to extend their H1B status.
White House Press Secretary Karoline Leavitt posted on X on September 20 that the $100,000 fee would apply “only to new visas, not renewals, and not current visa holders.” She further stated that “H1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.”
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Sen. Mark Warner (D-Va.) warned that the Proclamation would limit the U.S.’s ability to attract foreign skilled students and workers: “We still need to attract world-class talent in America, and unfortunately, because of the anti-immigrant flavor of a lot of the president’s policies, we are not getting the same caliber of folks coming to our graduate programs, universities, and frankly even in trying to come and work in America,” the senator told Bloomberg on Friday after initial reports of the administration’s move. “And that’s long-term going to hurt our economy.”
H1B Visas Ban Q & A
Does the ban apply to H1B visa holders who are in the United States on September 21, 2025?
No, the ban applies to persons outside the United States who are seeking to enter the U.S. on H1B visas.
Is this a one-time fee or an annual fee and who must pay the fee?
The $100,000 fee is a one-time fee for new H1B visas, and must be paid by the employer.
Does the fee affect current H1B visa holders already in the United States and their ability to travel abroad?
No
Does the fee affect H4 spouses and children?
Only if the principal H1B visa beneficiary is subject to the fee.
Are H1B1 visa holders from Chile and Singapore and H1B fashion models subject to the $100,000 fee?
No
Will the Proclamation be challenged in Federal Court?
Yes. Several lawsuits will be filed arguing that the H1B Visas Proclamation is unlawful and seeking an emergency stay.
H1B Visas Ban – Additional Resources
- Fact Sheet: President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers (9-19-25)
- Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, H-1B – USCIS (9-20-25)
- White House Tries to Tamp Down Corporate Panic for High-Skill Visa Holders After Last-Minute Overhaul (9-20-25)
