Presidential Proclamation Imposes $100,000 H-1B Fee on New H-1B Petitions and Restricts Entry of Some Future H-1B Workers: Key Implications for Employers and Employees

Overview

On September 19, 2025, a presidential proclamation was issued that imposes a $100,000 fee on new H-1B petitions filed after 12:01 am EDT on September 21, 2025, and restricts entry to the United States of H-1B workers to those for whom the fee has been paid in connection with the filing of an H-1B petition on the worker’s behalf. Based on a statement issued late September 20, 2025, by the White House Press Secretary, Karoline Leavitt, the new $100,000 will first apply to H-1B petitions filed with USCIS in the upcoming FY 2027 H-1B lottery cycle, stating “this applies to new visas, not renewals, and not current visa holders.” The proclamation could have significant implications for some employers and employees relying on the H-1B visa program.

Scope and Impact

Pursuant to the White House’s statement and preliminary guidance issued by the Department of Homeland Security on September 20, 2025, the $100,000 fee will be a one-time fee that applies to the filing of new H-1B petitions for aliens outside of the United States. The proclamation does not apply to beneficiaries of H-1B petitions filed or approved prior to the September 21, 2025, effective date, or those possessing a validly issued H-1B visa. The White House also clarified that H-1B visa holders currently outside of the U.S. will not be charged $100,000 to reenter, and the proclamation, by itself, does not change an existing H-1B visa holder’s ability to travel abroad and reenter the U.S. in H-1B status.

The proclamation provides for national interest exceptions for individuals, employers and/or industry sectors, but as of now, the criteria and application process for such exceptions remain unclear. The proclamation also directs relevant government agencies to initiate rulemaking to revise prevailing wage levels, which could further impact employers’ ability to sponsor and retain H-1B talent.

Litigation challenging the proclamation is anticipated.

Next Steps for Employers

While awaiting further guidance on implementation of the proclamation, employers should remain focused on maintaining the lawful status of their existing H-1B workforce. Proactive steps employers may take include filing H-1B extensions with USCIS as early as allowable, reviewing Labor Condition Application public access files to ensure compliance with recordkeeping and prevailing wage requirements, ensuring H-1B amendments are filed timely when necessary, and initiating the permanent residence process early in an H-1B employee’s six-year period of stay. As the holiday travel season approaches, holding town halls with relevant stakeholders or establishing other communication protocols may help employees make informed decisions about international travel and ease concerns. Reviewing policies on remote work should H-1B employees get stuck outside of the U.S. is also advisable.

Implications of the proclamation and other enforcement efforts are evolving rapidly. For further information, please contact a member of Honigman’s Immigration Practice Group.