Breaking H-1B News: $100,000 Entry Requirement, Return before 21st

Updates:

Updates from the Whitehouse. The newly signed proclamation only affect new H1B applicants. Current H1B holders will not be affected. Most sources believe the new policy is likely to be challenged in court, as new visa fees can typically only be introduced either through legislation passed by Congress or through a formal rule making process that requires months of public notice and comment. 

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The White House has just issued a new Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” that significantly impacts H-1B visa holders. This sweeping change adds a $100,000 payment requirement for employers of H-1B workers seeking to enter the United States.

📅 Effective Date

The Proclamation becomes effective 12:01 a.m. Eastern Daylight Time on September 21, 2025.

• H-1B visa holders currently outside the United States: You must re-enter before this date and time to avoid being blocked by the new rule.

• After Sept 21, 2025: Unless your employer pays the $100,000 fee to the U.S. government, you may be denied entry even if you hold a valid H-1B visa stamp.

🛑 Key Provisions of the Proclamation

1. Entry Restriction

   • H-1B visa holders abroad cannot enter the U.S. unless their sponsoring employer has made the $100,000 payment.

2. Petition Approvals

   • The Department of Homeland Security (DHS) has been directed to deny H-1B petitions for workers outside the U.S. if the employer has not paid the fee.

3. Visa Issuance Limits

   • The Department of State has been instructed to restrict B visa issuance to individuals who already have approved H-1B petitions but whose employers have not made the payment.

⚖️ Legal Context and Concerns

Immigration attorneys caution that this Proclamation is likely to face immediate legal challenges:

• Authority limits: While presidents may use proclamations to regulate entry under national interest claims, creating a brand-new $100,000 fee goes beyond powers delegated by Congress.

• Legal precedent: Visa fees and petition costs are set by law or regulation, not by unilateral executive action. This Proclamation will almost certainly be litigated.

✅ What You Should Do

Until the courts act, however, the Proclamation is set to take effect. Some Immigration lawyers on LinkedIn are advising:

1. If you are an H-1B holder abroad: Book travel immediately and return to the U.S. before 12:01 a.m. EDT on September 21, 2025.

2. Employers of H-1B workers: Monitor DHS and State Department announcements closely. While the $100,000 payment requirement may ultimately be struck down in court, it could cause immediate disruption in visa processing.

3. Stay informed: Work with your immigration counsel to assess risks and prepare contingency plans.