On September 19, 2025, the President issued a proclamation restricting the entry of certain nonimmigrant workers under the H-1B visa program. The announcement has caused understandable concern across the technology, healthcare, and higher-education sectors, where H-1B professionals play a critical role.

The U.S. Citizenship and Immigration Services (USCIS) has now issued guidance clarifying how the policy will be implemented.

Key Takeaways from the USCIS Memorandum

• Effective Date: The rule applies to H-1B petitions filed on or after September 21, 2025, at 12:01 a.m. ET.
• New $100,000 Requirement: Employers filing new H-1B petitions must submit a supplemental payment of $100,000. Without this payment, petitions will be denied.
• Prospective Application Only:
• The proclamation does not apply to petitions filed before the effective date.
• It also does not affect beneficiaries of already approved H-1B petitions or workers who already hold a valid H-1B visa.
• Travel Unaffected: Current H-1B visa holders retain the ability to travel to and from the United States without disruption.
• Consistency in Adjudications: USCIS officers have been instructed to ensure that all decisions conform with this proclamation and guidance.

What This Means for Employers

This policy represents the most dramatic restructuring of the H-1B program in decades. For employers, the additional $100,000 per petition filing requirement will drastically increase the cost of hiring international talent. While large corporations may be able to absorb these expenses, small and mid-sized companies will face significant challenges competing for specialized workers.

Employers considering new H-1B filings must:

• Review Budgets: Ensure capacity to meet the new financial requirement.
• Act Quickly: Petitions filed before the effective date are not subject to the surcharge.
• Evaluate Alternatives: Consider whether other visa categories (such as O-1, TN, or L-1) may provide a pathway for foreign talent.

What This Means for H-1B Workers

For current H-1B visa holders, the clarification provides some relief:

• You may continue working under your approved petitions.
• You may travel internationally without restriction tied to this proclamation.
• You do not need to pay any additional fees retroactively.

However, individuals awaiting filing of new petitions should closely monitor developments, as employers may reconsider sponsorship under the increased cost burden.

Saluja Law's Perspective

At Saluja Law, we view this proclamation as a profound shift in U.S. immigration policy that risks undermining American competitiveness in fields where skilled labor shortages already exist. While the administration has cited “systemic abuse” of the H-1B program, this blanket surcharge risks creating inequities and barriers for both U.S. employers and global talent.

We are actively advising clients on:

• Strategic responses to the new requirement,
• Alternative visa strategies, and
• Compliance with USCIS filing procedures under this proclamation.

Moving Forward

Immigration policy remains a fast-moving landscape. We encourage employers and foreign professionals to stay informed and seek legal guidance before taking action.

If you or your organization has questions about the new H-1B requirements, contact Saluja Law for a consultation.