On September 19, 2025, the White House issued a Presidential Proclamation fundamentally altering the H-1B program. Starting September 21, 2025, the proclamation prohibits the entry of new H‑1B workers into the United States---unless their employers pay a $100,000 fee per sponsored employee.

The proclamation will remain in force unless or until a court intervenes to block its implementation. This has major implications for employers, employees, and immigration practitioners alike.

Scope and Application:

This new restriction, along with the associated fee requirement, applies only to new H-1B visa petitions submitted on or after 12:01 a.m. EDT on September 21, 2025. This includes:

• All H-1B petitions filed after the stipulated time and date
• Petitions submitted for the FY 2026 cap season

The following are not impacted by the new rule:

• Previously issued H-1B visas
• Petitions filed before 12:01 a.m. EDT on September 21, 2025
• H-1B renewal applications, which are not subject to the new fee or restriction
• Current H-1B visa holder

The $100,000 is a one-time fee applicable only to newly submitted H-1B petitions and does not impact standard USCIS filing fees or processing costs already in place.

The proclamation also cautions that foreign nationals with approved H-1B petitions should not attempt to enter the U.S. using B-1/B-2 visitor visas for the purpose of beginning employment prior to October 1, 2026. Such misuse may result in denial of entry and future immigration consequences.

National Interest Waivers:

The Department of Homeland Security ("DHS") has the authority to grant individual exemptions to the new policy when certain conditions are met. These exemptions may be approved if the employer, role, or applicant is determined to serve the national interest and the employment is assessed to pose no risk to public safety or U.S. security. All exemption requests will be evaluated on a case-by-case basis.

Wage and Policy Reforms:

In addition to the new entry restrictions, the proclamation instructs the Department of Labor to revise how prevailing wage levels are calculated, aiming to raise salary benchmarks for H-1B positions. It also calls for adjustments to existing H-1B adjudication policies to prioritize applications from highly skilled and higher-paid foreign workers.

DHS & CBP Issue Memorandums Clarifying Enforcement:

Amid widespread uncertainty, the DHS released a memo clarifying that the proclamation targets only new H‑1B petitions submitted after the effective date. It does not impact individuals with petitions already filed or approved, nor those who currently hold valid H‑1B visas. According to official guidance, existing visa holders may continue to travel to and from the United States without limitations.

In the meantime, we strongly recommend consulting with an immigration attorney to understand how the proclamation may impact your individual immigration status, travel plans, and long-term strategy. To discuss your specific situation, please schedule a consultation with a lawyer at CTM Legal Group and we will happily assist.