On September 19, 2025, the White House issued Presidential Proclamation – Restriction on Entry of Certain Nonimmigrant Workers (“Proclamation”), which was followed by subsequent clarifying guidance from the Department of Homeland Security and the Department of State.

The Proclamation imposes a new $100,000 fee for certain H-1B Petitions filed after September 21, 2025. The Proclamation will expire 12 months after the effective date, unless extended. The following is a summary, as of October 23, 2025, of the Proclamation and subsequent guidance.

Who is excluded from the $100,000 fee?

The Proclamation does not apply where:
• The H-1B Petition was filed before September 21, 2025
OR
• The H-1B Petition was filed on or after September 21, 2025 and is requesting an amendment, change of status, or extension of stay for a foreign worker who is in the U.S. and USCIS grants the stay. These employees would also not be subject to the payment if they subsequently depart the U.S. and apply for a visa based on the approved petition and/or seek to return to the U.S. on a current H-1B visa.

Who is subject to the $100,000 fee?

The Proclamation imposes an additional $100,000 payment as a condition of eligibility where: 
• The foreign worker is outside of the U.S. and does not have a valid H-1B visa 
OR 
• The H-1B Petition is approved as a consular notification, regardless of whether the foreign worker is inside or outside of the U.S. and regardless of whether the case was initially filed as an amendment, change of status or extension. 

Travel Considerations

As this is a rapidly evolving situation, we strongly recommend that all H-1B employees (or those whose H-1B cases are pending) exercise extreme caution when choosing to travel internationally and advise that all H-1B travelers check in with their campus immigration point of contact for the most current advisory. We anticipate disseminating additional information as the regulatory and litigation landscape develops.