On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. The proclamation represents an abrupt and dramatic remaking of one of the main employment-based visa programs that U.S. employers use to sponsor foreign national workers, the H-1B. In an effort to help employers plan and prepare, this alert outlines what the proclamation does and does not do, as well as explains some of the future changes to the H-1B program envisioned by this executive action.
The proclamation does:
- Require a $100,000 payment to accompany any new H-1B visa petitions submitted on or after September 21, 2025. This includes any initial H-1B petitions submitted after that deadline, including petitions that will be selected in the 2026 H-1B lottery.
- Create a National Interest Exemption that applies to “any individual alien, all aliens working for a company, or all aliens working in an industry . . . [when] the hiring of such aliens . . . is in the national interest and does not pose a threat to the security or welfare of the United States.”
The proclamation does not:
- Apply to any previously issued H-1B visas, or any petitions submitted before September 21, 2025.
- Change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
- Prevent any holder of a current H-1B visa from traveling in and out of the United States. However, H-1B workers should consult with their immigration counsel before traveling to evaluate case specific risks.
- Provide clear criteria to determine who qualifies for the National Interest Exemption.
- Create any instructions on how to pay the $100,000 fee or advise at what point in the process (e.g., on petition filing or approval) the fee is due.
The proclamation further invites two rulemaking actions aimed at further changes:
- Rulemaking by the Department of Labor to revise and raise the prevailing wage levels in order to sponsor H-1B workers.
- Rulemaking by the Department of Homeland Security to prioritize high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels.
We expect imminent court challenges questioning the administration’s authority to impose this fee by proclamation. However, given the uncertain outcome of such litigation, employers and H-1B candidates should currently assume the fee is in effect and consult with counsel on how to proceed.
If you have questions about the H-1B program, please reach out to attorney Andrew Mahon or any member of Barley Snyder’s Immigration Practice Group.
