As of September 19, 2025, a new Presidential Proclamation has introduced significant changes to the H-1B visa program. This action stems from a growing concern about the program’s impact on U.S. workers, particularly in the IT and STEM sectors. It’s crucial for all employers, especially those who currently employ or are considering hiring H-1B workers, to understand these new rules.
What’s Changing?
The most notable change is a new financial requirement for employers. Starting at 12:01 a.m. EDT on September 21, 2025, employers must pay a $100,000 fee for H-1B petitions for workers who are currently outside the U.S. This is a significant increase from previous costs.
The proclamation is set to last for 12 months, but it’s important to remember that this duration could be extended. The government has also stated that it may waive the restriction if a case is considered to be in the “national interest” and poses no threat to U.S. security.
What Does This Mean for You?
The new fee will impact your business’s planning and strategy, especially if you rely on the H-1B program for talent.
- Higher Costs: You can expect a significant increase in the cost of hiring H-1B workers from abroad. This will directly affect your recruitment budget and overall workforce planning.
- Recruitment & Timelines: The new requirements may cause delays for pending and future petitions, as government agencies will need time to verify payments and update their procedures. This could affect your ability to onboard new team members from outside the U.S.
- Proof of Payment: Employers must now retain proof of the $100,000 payment. The Department of State and the Department of Homeland Security (DHS) will verify this payment during the visa adjudication process.
Clarification from USCIS
Following the proclamation, USCIS issued a policy memorandum to clear up some initial confusion. This guidance provides much-needed reassurance for many employers and employees.
- Not Retroactive: The new $100,000 fee only applies to petitions filed on or after September 21, 2025.Petitions submitted before this date are not subject to the new fee.
- Current H-1B Holders are Safe: If you have employees who already have a valid H-1B visa, they are not impacted by this new fee.
- Travel is Still Permitted: Current H-1B holders can continue to travel internationally and re-enter the U.S. without paying the new fee. This is a crucial clarification, as many feared a travel ban.
What Happens Next?
The new rules are aimed at prioritizing “high-skilled, high-paid workers” and revising prevailing wage levels. These changes suggest a shift in the government’s approach to the H-1B program. We will continue to monitor the situation for any further rulemaking from the Department of Labor and DHS.
We recommend that all businesses review their immigration strategy immediately and consult with legal counsel to ensure compliance. If you have any questions about how these changes affect your specific case, please don’t hesitate to reach out to us. We are here to help you navigate these complex new regulations.
(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com or facebook.com/tancincolaw, or through her website www.tancinco.com)
