September 23, 2025 | by Wong Fleming

Please be advised that on September 19, 2025, President Trump issued a Proclamation titled “Restriction on Entry of Certain Non-immigrant Workers” that imposes a $100,000.00 one-time payment requirement for new H-1B petitions filed between 12:01 a.m. EDT on September 21, 2025 (including for the FY 2026 lottery) and 12:00 a.m. EDT on September 21, 2026, subject to extension. Existing H-1B holders and renewals are not subject to this new fee. Employers filing H-1B petitions on behalf of beneficiaries currently outside the U.S. should ensure payment is made and well documented; petitions lacking the required payment may be denied.

A discretionary exemption may be available for cases deemed in the “national interest” by DHS, which may cover certain industries or employers. DHS has been instructed to provide further rulemaking guidance for this “national interest exemption” by October 21, 2025.

We are monitoring legal challenges to the Proclamation, and will advise on mitigation strategies, including whether to accelerate filings, adjust travel plans for existing visa holders, or explore alternate visa classifications.