President Donald Trump signs Executive Orders in the Oval Office in a White House file photo. His administration frequently uses EOs to advance policies on immigration, trade, and national security without congressional approval. (Official White House Photo)
WASHINGTON, D.C. President Donald Trump signed a proclamation on September 19, 2025 that restricts entry of H-1B workers unless the sponsoring employer pays a $100,000 fee. The policy takes effect at 12:01 a.m. Eastern Time on September 21, 2025 and is scheduled to last for 12 months unless extended.
The proclamation and its rationale
The text highlights data showing that the number of foreign STEM workers doubled between 2000 and 2019 and alleges that IT outsourcing firms rely heavily on H-1B workers while laying off American employees. It also warns that program abuse suppresses wages and poses national security risks.
Restriction on entry
The measure allows for national interest exceptions, giving Homeland Security discretion to exempt individuals, companies, or industries deemed critical to the U.S. economy or security.
Who is affected
The requirement applies to H-1B workers outside the United States seeking entry after the effective date, as well as to new petitions for candidates abroad. Universities and immigration attorneys caution that international travel could complicate reentry if proof of payment is not provided.
A White House official clarified that the $100,000 requirement does not apply to existing H-1B visa holders already inside the country. That clarification, reported by Axios and Reuters, confirms that the fee targets new applicants and entries rather than those maintaining valid status.
National interest exceptions and wage rules
The proclamation also orders the Department of Labor to begin revising prevailing wage levels and directs Homeland Security to prioritize admission of higher-skilled and higher-paid foreign workers. These steps are framed as part of an effort to curb reliance on entry-level H-1B workers and restore opportunities for American graduates in science and technology fields.
Legal and policy outlook
Immigration law firms and policy groups expect further guidance from federal agencies and possible legal challenges that could affect enforcement. Attorneys question whether the president has the authority to impose such a payment without congressional approval. For now, employers are being advised to prepare for the additional costs of overseas hiring and to minimize nonessential international travel for workers on H-1B status.
What employers and workers should expect
The $100,000 payment requirement will remain in place for 12 months beginning September 21, 2025, and will expire on September 21, 2026 unless extended. Employers considering new H-1B hires from abroad must budget for the cost or postpone recruitment. Workers already in the United States are not directly subject to the fee, but those who need consular processing or reentry could face complications until implementing rules are released.
The H-1B is a nonimmigrant visa that allows U.S. companies to employ foreign workers in “specialty occupations” requiring theoretical or technical expertise, particularly in fields such as information technology, engineering, health care, and higher education. The program has an annual numerical cap and is often oversubscribed, making it one of the most competitive visa categories.
