On September 19, 2025, Donald J. Trump issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” marking a significant overhaul of the H‑1B visa program. The proclamation took effect on September 21, 2025, and on October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued clarifying guidance.

This post breaks down the core provisions of the new policy, how USCIS's October 20 guidance refines and limits the fee requirement, what this means in practice for employers and foreign‐national workers, and how to respond strategically in light of these changes.

1. The Proclamation: What Changed

The proclamation addresses perceived “systemic abuse” of the H‑1B program and aims to recalibrate it in favor of higher‑paid, higher‑skilled foreign professionals. Key elements include:

·       A new $100,000 payment is required as a condition of eligibility for certain H‑1B petitions.

·       Effective date: Petitions filed on or after 12:01 a.m. EDT on September 21, 2025 are in scope.

·       The payment requirement applies to entry/visa issuance for H‑1B nonimmigrants who are outside the U.S. at filing, or who require consular notification.

·       The proclamation also directs DOL and DHS to prioritize “high‑skilled, high‑paid” aliens in future admissions.

·       The restriction is set to last 12 months (unless extended).

Why this matters: For many U.S. employers and foreign‐national workers, this turns a one‐time administrative cost into a potential six‑figure investment.

2. USCIS Clarifies: Who Pays, Who Doesn't (October 20 2025)

On October 20, 2025, USCIS published updated guidance clarifying the application of the $100,000 fee requirement.

Petitions subject to the $100,000 payment include:

·       New H‑1B petitions filed on or after September 21, 2025 for beneficiaries outside the U.S. without a valid H‑1B visa.

·       Petitions requesting consular or port‑of‑entry notification or pre‑flight inspection.

·       Petitions for change of status, amendment, or extension where USCIS finds the alien ineligible (not in valid status or departed before adjudication).

Petitions not subject to the payment include:

·       Any H‑1B petition filed before 12:01 a.m. EDT on September 21, 2025.

·       Petitions filed for change, amendment, or extension for aliens inside the U.S. where USCIS grants the request.

·       Beneficiaries who later travel abroad on a valid H‑1B visa following an approved in‑country petition.

Payment logistics: Payment must be made prior to filing through pay.gov. Proof of payment or an approved exception must accompany the petition.

Exception requests are extremely limited and granted only when DHS finds the worker's presence in the national interest, no U.S. worker is available, and payment would undermine U.S. interests.

3. Practical Implications for Employers & Foreign Workers

Key take‑aways for U.S. employers and foreign nationals seeking to come under H‑1B status:

For Employers:

·       Budget and plan for the additional $100,000 cost when sponsoring foreign nationals abroad.

·       Filing strategy matters: petitions filed for change of status in the U.S. may avoid the fee.

·       Advise employees on travel and visa issuance risks.

·       Prepare strong documentation for any exception requests.

·       Ensure status maintenance for all H‑1B workers.

For Foreign National Workers:

·       Those outside the U.S. must ensure their employer includes proof of payment.

·       Those inside the U.S. on valid status (F‑1/OPT) changing to H‑1B generally avoid the fee.

·       Exercise caution before traveling abroad post‑approval.

·       Timing matters—petitions filed before September 21, 2025 are exempt.

4. Why This Reform Matters — And What to Watch

The proclamation signals a broader policy shift prioritizing higher‑wage, higher‑skill foreign professionals. The $100,000 fee could reduce new overseas hires and shift reliance toward internal transfers or other visa types.

Litigation is expected, and definitions of “change of status” and other terms may evolve. Employers should monitor developments closely.

5. Recommendations

1.     Audit all current and planned H‑1B sponsorships to determine exposure to the new fee.

2.     Budget for the payment and secure pay.gov proof before filing.

3.     Plan travel and visa strategy to minimize exposure.

4.     Prepare exception requests early for qualifying cases.

5.     Monitor rule‑making and litigation developments.

6. Final Thoughts

The September 19 proclamation and October 20 USCIS clarification mark a major inflection point in the H‑1B program. While many filings remain unaffected, employers must plan strategically to mitigate cost and compliance risk.

Saluja Law stands ready to assist clients in determining applicability, seeking exceptions, and ensuring full compliance with the evolving H‑1B framework.