White House Proclamation Imposes $100,000 H-1B Fee: Immediate Action Items

UPDATE: The U.S. Citizenship and Immigration Services has issued a clarification that this proclamation applies only to H-1B petitions filed on or after September 21, 2025. It specifically states that this proclamation does not apply to individuals who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.

On September 19, 2025, President Donald Trump issued a proclamation titled, Restriction on Entry of Certain Nonimmigrant Workers, which introduces a significant change to the H-1B visa program. The proclamation imposes a $100,000 fee on H-1B petitions for foreign workers currently outside the United States and those H-1B workers seeking entry to the United States, marking a dramatic shift in how U.S. companies can access global talent. The proclamation will be effective as of 12:01 am ET Sunday, September 21, 2025. The stated goal is to curb what the administration describes as systemic abuse of the H-1B program, which it claims has displaced American workers and depressed wages in critical sectors like technology and engineering. 

Immediate Action Items 

• H-1B employees currently present in the United States should not depart the United States for international travel until further guidance is issued on how the proclamation will be enforced.
• Any H-1B employees currently outside of the United States should return to the United States prior to 11:59 pm ET on Saturday, September 20, 2025, utilizing their valid H-1B visa stamps. 

The proclamation implies that it will be effective for H-1B petitions filed for workers outside the United States on or after September 21, 2025. Employers must retain documentation of the payment, which will be verified by the Departments of State and Homeland Security during the visa issuance process. Based on the language of the proclamation, it is unclear if it affects H-1B employees who already possess H-1B visas inside the United States and are either seeking renewals or returning on their current, previously issued H-1B visas. The proclamation also allows for case-by-case exemptions if the secretary of Homeland Security determines that the petition serves the national interest and does not threaten U.S. labor markets.  

Employers with any concern regarding an employee’s ability to return to the United States should seek legal counsel immediately.  

Littler continues to monitor the proclamation and will continue to provide updates as information becomes available.