Trump Administration Issues Proclamation Restricting H-1B Visa Program
On September 19, 2025, President Trump issued a proclamation significantly restricting the H-1B nonimmigrant visa program. The details of the proclamation are unclear and we may receive more clarity in the next few days or weeks. Employers may consider advising workers on H-1B visas not to travel internationally for the immediate future. H-1B visa holders who are currently abroad should seek entry into the U.S. before September 21, 2025 at 12:01 am EST.
Effective September 21, 2025, the following measures will apply:
$100,000 Payment Requirement: Employers seeking to sponsor a H-1B worker who travels internationally into the U .S. must submit an additional $100,000 payment with the petition. Without proof of payment, the Department of Homeland Security (DHS) and Department of State will deny the petition and refuse entry. The $100,000 payment appears to be required every year and for every H-1B petition. For context, the H-1B government application fees are typically less than $5,000.
Applies Only to H-1B Seeking to Enter the U.S.: The $100,000 payment applies to H-1B visa workers seeking entry into the U.S. H-1B extensions and change of employer petitions within the U.S. are not impacted or subject to the new payment.
Compliance Measures: Employers must retain proof of the $100,000 payment, which will be verified by the Department of State during visa processing.
Duration: The proclamation restrictions will last for 12 months unless extended by the Trump administration.
National Interest Exception: The Secretary of Homeland Security may waive the payment requirement if hiring the worker is deemed in the national interest and poses no security risk. Details about how to apply for a waiver have not been provided by the Trump administration.
B Visa Oversight: The Department of State will issue guidance to prevent H-1B beneficiaries from circumventing restrictions by using B visitor visas for early entry.
Additional Policy Directives
The proclamation directs the Department of Labor to initiate rulemaking to raise prevailing wage requirements for H-1B positions. DHS is instructed to propose rulemaking to prioritize admission of “high-skilled and high-paid” foreign nationals. Finally, within 30 days of the next H-1B lottery, federal agencies must recommend whether to extend or renew the restrictions.
Practical Implications for Employers and Foreign Nationals
Limit Travel for H-1B Visa Holders: The $100,000 payment is required for anyone who is traveling internationally and seeks entry on an H-1B visa after September 21, 2025.
Shift in Filing Strategies: Employers may prioritize transfers or extensions for workers already in the United States, as the restriction applies to beneficiaries outside the country.
Future Uncertainty: Employers should prepare for potential rule changes regarding prevailing wages and the H-1B selection process, as agencies are directed to propose new regulations.
Vong Law Group is continuing to review the proclamation, the Fact Sheet and additional guidance provided by the administration to provide more details and guidance. We may revise this article to provide updated information.
