New H-1B Proclamation and International Travel Restrictions
Marina S. Grabchuk | Julie Solis-Alvarado | Mariah L. Sukalski
September 19, 2025 | Immigration | Labor and Employment | Press Release
On September 19, 2025, the Trump Administration signed a Presidential Proclamation—effective September 21, 2025—that imposes a $100,000 fee on H-1B petitions for new workers seeking to enter or re-enter the United States. This represents a major policy shift with immediate implications for H-1B employers and employees.
At this time, many details remain unclear, including how the fee will be paid, whether it applies to pending petitions, and what enforcement mechanisms will be used. Litigation is expected, which may further affect implementation. Based on the information currently available, here is what we know:
- Applies to H-1B workers seeking to enter the U.S. on or after September 21, 2025
- USCIS will not process H-1B petitions for workers abroad without proof of the $100,000 fee
- May affect workers abroad awaiting visa stamping or planning to travel
- Exemptions will be narrowly limited to certain “national interest” cases
- Additional rules regarding increases to prevailing wages are expected soon
Immediate Travel Guidance
H-1B holders currently outside the U.S.: We strongly recommend returning to the U.S. before September 21, 2025, as a precaution, until it is confirmed whether the new rule applies to existing visa holders.
H-1B holders currently inside the U.S.: We advise postponing any international travel until the scope of the Proclamation is clarified. Departing the U.S. and seeking re-entry may trigger the new $100,000 fee requirement for employers.
The Belin Immigration Team is closely monitoring this rapidly developing situation and will issue further guidance as more information becomes available.
Please reach out to our office with any questions about how this may impact your employees, business operations, or travel plans at immigration@belinmccormick.com