New H-1B Proclamation and International Travel Restrictions (Updated 09/22)

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.

UPDATE (09/22/2025): 

Late Saturday evening, the White House clarified that the $100,000 fee requirement applies only to new H-1B petitions filed on or after September 21, 2025. Importantly, this fee does not apply to current H-1B holders who are maintaining valid status, whether inside or outside the United States.

Key Points:

  • Current H-1B holders: Those already in valid H-1B status, including individuals abroad seeking re-entry with an existing H-1B visa, are not subject to the new $100,000 fee.
  • New H-1B petitions filed on or after September 21, 2025: Sponsoring employers must pay the $100,000 fee for petitions covering new employment, including initial H-1B petitions for workers abroad.
  • Exemptions remain limited to certain “national interest” cases.
  • Additional regulatory changes, including increases to prevailing wage levels, are still anticipated.

This clarification provides reassurance that existing H-1B employees will not be impacted by the new financial requirement when traveling or re-entering the U.S. Employers, however, should be prepared for significant cost implications for future H-1B hires starting with petitions filed after September 21, 2025.

While this clarification provides relief for current H-1B employees, the potential new cost for future H-1B hires makes it an important moment to evaluate other employment-based visa strategies. Depending on your workforce needs, alternatives such as the O-1, TN, L-1, or green card sponsorship through PERM may be more viable going forward.

Please reach out to us if you would like to discuss how this change may affect your long-term workforce planning and to explore other visa options beyond the H-1B.

This continues to be a developing matter as there are still many questions left unanswered by the proclamation. We will continue to track developments closely and provide updates as new information becomes available. Please contact our office with any questions about how this change may affect your current or future H-1B workforce at immigration@belinmccormick.com.