On September 19, 2025, President Trump signed a presidential proclamation invoking INA §212(f) and 215(a), which authorizes the President to suspend the entry of foreign nationals under certain conditions. This proclamation imposes a $100,000 fee on employers sponsoring H-1B visa holders seeking entry into the United States.

U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) have issued clarifying guidance as of 6:00 PM EDT on September 20, 2025, clarifying provisions of the Proclamation.

Key Provisions of the Proclamation

• Effective Date:
  • The rule takes effect 12:01 AM EDT on Sunday, September 21, 2025, unless a court issues an order suspending its implementation.
• Fee Requirement:
  • Employers must pay a $100,000 fee per sponsored employee for the H-1B visa holder to be admitted into the U.S.
• Scope of Restriction:
  • According to clarifying guidance issued by USCIS and CBP on September 20, the Proclamation only applies to petitions that have not been filed as of 12:01 AM EDT on September 21, 2025.
  • Applies to any new or pending H-1B petitions and any new applications for an H-1B visa abroad with the Department of State.
  • Newly filed petitions must be accompanied or supplemented by proof of fee payment.
  • Department of Homeland Security is instructed to suspend decisions on H-1B petitions filed after the September 21, 2025 effective date unless the fee is paid.
  • Department of State is directed not to approve H-1B visas without the fee.
• Exemptions:
  • A case-by-case national interest exemption may be available, though criteria remain unclear. The language of the proclamation also suggests that the exemption may also be available on an employer-by-employer basis.
• Documentation:
  • Employers are required to retain documentation of the fee payment.

NOTE: The U.S. Department of State, which retains authority over visa stamping and visa issuances, has not yet issued clarifying guidance on how the Proclamation will affect visa issuance processes. Although USCIS and CBP have issued guidance stating that the Proclamation does not impact petitions already filed or approved before September 21, 2025, USCIS and CBP policy guidance does not bind the U.S. Department of State. It is unclear whether H-1B visa applicants with currently pending or approved petitions will face difficulties if going for new visa stamping appointments after the September 21, 2025 effective date.

Implementation Uncertainty

No official guidance has been issued regarding how to make the payment. As evidenced by the late published clarifying guidance by USCIS and CBP, the Trump administration appears to be unclear and disorganized regarding implementation, who is subject to the fee, and at which point the fee will be levied. Further clarification is expected, as is litigation.

B Visa Restrictions on H-1B workers

The proclamation also directs the Department of State to clamp down on “B-1/B-2 visa misuse” for those people with an approved H-1B petition. H-1B petition beneficiaries seeking to travel to the U.S. as tourists or business visitors may be subject to heightened scrutiny at the border.

Upcoming Rulemaking

The proclamation also instructs Homeland Security to begin working on rules to prioritize qualifications and pay in the H-1B quota allocation and instructs the Department of Labor to change the H-1B prevailing wage system. In the first Trump Administration, the government attempted to increase prevailing wages with a new rule that was blocked by the courts and eventually withdrawn by the Biden administration. These rules would take some time to implement through the notice-and-comment rulemaking procedures.

Recommended Actions for Employers and Employees:

• H-1B Holders Outside the U.S.:
  • If the employee has a valid visa and an approved H-1B petition, the employee should be able to return to the United States, based on latest CBP guidance. Employees should expect delays and processing confusion upon their arrival at a U.S. port of entry.
• H-1B Holders in the U.S. with Travel Plans:
  • If the employee has a valid visa and an approved H-1B petition, the employee should be able to return to the United States after travel based on latest CBP guidance. Expect delays and processing confusion upon return to the U.S. following the trip. However, employees should be aware that this is a fluid situation and that travel remains a risky prospect while the administration clarifies confusion on the applicability of the fee to H-1B visa holders.
• H-1B Visa Stamping Applicants:
  • If the employee is inside the U.S. avoid international travel and leaving for visa stamping appointments until further guidance is issued by U.S. Department of State as to whether the fee will be required for applicants for visa renewal stamping for approved or pending petitions.
• If an employee will require an H-1B visa stamping and the corresponding H-1B petition will be filed with USCIS after the September 21, 2025 effective date, the employer will likely be subject to the $100,000 fee.

We will continue to monitor developments closely and provide updates as more information becomes available. If you have questions about how this may affect your employees or travel plans, please contact our office immediately.