On September 19, President Trump signed a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The rule takes effect beginning at 12:01 a.m. EDT on September 21, and it introduces a new requirement that all new H-1B visa petitions for beneficiaries outside the United States be accompanied by a one-time payment of $100,000. Importantly, this requirement does not apply to H-1B renewals, extensions or current visa holders, nor does it affect any petitions filed before the effective date or visas already issued. U.S. Citizenship and Immigration Services (USCIS) has confirmed that current H-1B visa holders remain eligible to travel abroad and re-enter the United States under their valid status without paying the new fee.

The proclamation states that this payment obligation will remain in place for 12 months, until approximately Sept. 21, 2026, but it may be extended beyond that date. Specifically, no later than 30 days after the conclusion of the next H-1B lottery—typically held each March—the secretary of the U.S. Department of State (DOS), the Attorney General, the secretary of the Department of Labor (DOL) and the secretary of the Department of Homeland Security (DHS) must jointly recommend whether the restriction should be extended. Thus, the requirement could remain in effect beyond its initial one-year period.

The proclamation also grants the DHS secretary discretion to exempt certain applicants whose hiring is determined to be “in the national interest” and who are not deemed to pose a threat to the security or welfare of the United States. At present, it remains unclear what industries, roles or circumstances may qualify for this exemption or what documentation may be required to establish eligibility.

This change has significant implications for employers who sponsor new H-1B beneficiaries outside the United States, as it imposes a substantial additional cost that must be considered in workforce planning and budgeting. Employers should review any pending or upcoming H-1B filings to evaluate the timing of submissions, assess whether exemption arguments may be available for particular hires and advise employees accordingly regarding travel and petition strategies. Additional guidance is expected from DHS, DOL, DOS and USCIS in the coming months, particularly regarding the implementation of this new fee and the scope of available exemptions.

This is a developing situation, and we will continue to monitor announcements from the administration and relevant agencies.