Under the proclamation, any new H-1B visa petition submitted after 12.01 am Eastern Daylight Time on September 21, 2025 must be accompanied by a payment of $100,000. Employer petitions for H-1B workers outside the United States without that payment may be denied entry.
Here's H-1B Visa reform FAQ, according to the White House
What has changed in the H-1B visa process as of 21 September 2025?
President Donald J. Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” that introduces a significant change to the H-1B visa process. As of 12:01 a.m. Eastern Daylight Time on 21 September 2025, any new H-1B visa petition must be accompanied by a one-time, non-refundable payment of $100,000.
Does this new rule apply to all H-1B visa applications?
No. The $100,000 fee applies only to new petitions filed after 12:01 a.m. EDT on 21 September 2025. It does not apply to:
- Petitions submitted before that date and time
- H-1B visa renewals or extensions
- Individuals already holding a valid H-1B visa
- Travel rights of current H-1B holders
- Will this apply to the H-1B lottery for 2026?
Yes. The new $100,000 payment requirement applies to all petitions, including those submitted under the 2026 H-1B cap lottery.
Who is implementing and enforcing this new requirement?
The Department of Homeland Security (DHS) and the Department of State have been authorised to implement the new rules. Guidance has already been issued by:
- US Citizenship and Immigration Services (USCIS)
- US Customs and Border Protection (CBP)
- US consular offices worldwide
- Why is this change being introduced?
According to the proclamation, the aim is to curb abuse of the H-1B system, ensure that American workers are not undercut, and prioritise high-skilled, high-paid talent over lower-wage workers. President Trump described the move as an effort to “upskill” the programme and protect national and economic interests.
Are any other reforms planned?
Yes. The proclamation outlines several forthcoming changes:
- The Department of Labor will initiate rulemaking to raise prevailing wage levels.
- The Department of Homeland Security will reform the H-1B lottery to prioritise high-paid, high-skilled applicants.
- Additional reforms are under consideration and will be announced in the coming months.
Can H-1B visa holders still travel in and out of the US?
Yes. There are no changes to travel rights for those who already hold valid H-1B visas.
Is this a permanent change?
While the proclamation introduces this as an initial step, future changes could expand or amend current rules, depending on further administrative actions and outcomes from planned rulemakings.
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