On September 19, 2025, the President issued a Proclamation that has major consequences for employers and foreign workers. The order temporarily halts decisions on new H-1B petitions and bars entry of certain H-1B workers unless a $100,000 fee is paid. The rule took effect on September 21, 2025, at 12:01 a.m. EDT and is set to last for twelve months, with the possibility of being extended.
Disclaimer: The government’s announcement is still unclear, and we don’t yet know exactly how this rule will affect everyone. More details will likely come out soon, and the guidance may change as new information is released or if lawsuits are filed in the coming weeks.
Who Is Affected?
- Individuals filing first-time H-1B petitions on or after September 21, 2025, who are outside the U.S.
- Individuals applying for a visitor visa who already have approved H-1B petitions.
Who Is Not Affected?
- H-1B petitions filed before September 21, 2025.
- Individuals who already hold a valid H-1B visa (travel remains permitted).
- H-1B extensions, amendments, and changes of employer for workers already in the U.S. on H-1B status.
What Does the Proclamation Require?
- A $100,000 fee must be paid with each “new” H-1B petition filed after September 21, 2025.
- Proof of payment will be required at U.S. consulates and ports of entry. Without proof, the visa will not be issued and entry to the U.S. will be denied.
Are There Exceptions?
The Proclamation allows for exceptions in the national interest, which could apply to:
- Specific individuals,
- All employees of a specific company, or
- All workers in a specific industry.
At this time, no guidance has been issued on how these exceptions will work, or how to apply for one.
What Should H-1B Workers and Employers Do?
- Do not file a new H-1B petition or make international travel plans until you have spoken with an immigration attorney.
- If you are affected, discuss strategies with your attorney and monitor updates closely.
- Book a consultation with Kaza Law to review your case, explore your options, and get personalized legal guidance.
Final Thoughts
This Presidential Proclamation introduces one of the most significant and costly changes ever seen in the H-1B program. While it spares existing visa holders and those already in the U.S., it places a massive financial barrier on employers seeking to hire new talent from abroad. Many questions remain about how this rule will be enforced and what exceptions may be available. Employers and workers alike should stay alert for updates, as further guidance and court challenges are expected in the weeks ahead.
My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges and limited options for obtaining a green card while on a tourist visa. If you’re considering adjusting your status or have questions about family-based sponsorship, employment-based petitions, or other immigration pathways, it’s essential to understand the complexities involved. If you need personalized advice or have any immigration-related concerns, I encourage you to schedule a free consultation by clicking this link.
Kaza Law PLLC
This article is general education, not legal advice. Every case turns on its specific facts. If you want guidance on your own situation, reach out and we will look at it with you.