H-1B Entry Ban and $100,000 Fee

On September 19, 2025, President Trump issued a Proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, it is set to expire after one year, and could be renewed.

The short notice and the large fee created confusion among H-1B visa holders present outside the US at the time, about their ability to return to the US.

Subsequently, on September 20, 2025, USCIS issued Memorandum which noted that the proclamation only applies prospectively to petitions that have not yet been filed. The document clarified that the proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. It is unclear yet whether the new fee and travel restriction apply to cap-exempt H-1B petitions. Exceptions may be granted if the worker is deemed to be in the national interest and not a threat to US security or welfare.

The proclamation will likely be challenged in court.  We will continue providing updates.

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