Trump Proclamation: New $100,000 H-1B Visa Fee and Travel Restrictions

This article discusses the Trump proclamation new $100,000 H-1B visa fee and travel restrictions for certain H-1B visa holders.

On September 19, 2025, President Trump issued a proclamation (Restriction on Entry of Certain Nonimmigrant Workers) that requires payment of a new $100,000 fee for any individual seeking to enter or reenter the U.S. on an H-1B visa.

Key Details and Impacts

Effective Date:

The proclamation goes into effect at 12:01 a.m. EDT on Sunday, September 21, 2025. It expires in one year unless the administration extends it.

Who is Affected

The new $100,000 H-1B visa fee primarily targets H-1B visa holders who are currently outside the U.S and do not have a valid H-1B visa to enter the U.S. This affects cap-exempt individuals filing I-129s starting September 21, 2025 and people going through H-1B lotteries starting spring 2026.

It applies to new petitions filed after the effective date for individuals seeking to enter the country. It also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States. According to USCIS and CBP, the proclamation only applies to petitions that have not yet been filed.

In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (for example, is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the employer must pay the $100,000 H-1B fee.

Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.

Who is Not Affected:

Petitions for change of status to H-1B (cases where people change from one category to another without leaving the country, such as moving from F-1 student status to H-1B status.)
H-1B workers of currently approved I-129 petitions.
H-1B workers already in the U.S.
Approved petitions for extensions of stay, changes of employer, or amended petitions for those already in lawful H-1B status within the U.S. The $100,000 payment does not apply if the foreign national departs the United States to apply for a visa based on the approved petition or seeks to reenter the United States on a current H-1B visa.
Existing H-1B visa holders of valid visas who are re-entering the US

Change of Status to H-1B

USCIS clarified that petitions for change of status to H-1B are not subject to the $100,000 payment. If the change of status is approved, the foreign national can travel to obtain the visa without payment of the $100,000 fee.

However, if the change of status is denied, because the foreign national violated status, the $100,000 fee will be due or the employer will need to withdraw the petition.

This leaves the H-1B lottery intact for those already in the U.S. in valid nonimmigrant status seeking to change status to H-1B.

The Fee:

USCIS will not adjudicate new petitions for H-1B workers unless they include proof of the $100,000 fee. The payment supplements current fees for H-1B visa applications.

Exemptions:

The proclamation allows for potential exemptions for individuals, companies, or entire industries if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S.

How to Pay the $100,000 H-1B Fee

Petitioners must submit the required $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176.

Important Actions and Advice

Urgent Travel Advisory: H-1B workers currently outside the U.S. should return before the effective date.
Avoid International Travel: All H-1B workers are advised to refrain from international travel even for visa processing/renewals until further clarification on implementation is provided, as leaving the U.S. could jeopardize your ability to reenter.
Cap-Case Beneficiaries: H-1B cap-subject workers with approved petitions and valid visas should seek to enter the U.S. as soon as possible.
Future Rulemaking: In the coming months, expect new guidance from the government regarding prevailing wage levels and a prioritization of high-skilled, high-paid nonimmigrant workers. Additionally, new rules will be implemented to prevent H-1B beneficiaries from entering on B visas to avoid the new fee.

Malescu Law can assist

If you are an employer, seeking to sponsor your employee’s H-1B visa, contact our H1B visa lawyers in to schedule an appointment. We assist with H-1B visa application process, H-1B visa transfer and travel during H-1B transfer as well as transfer from F1 OPT to H-1B and other visa options available to you.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

Malescu Law P.A. – Business & Immigration Lawyers