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

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.