FAQ Regarding Trump’s $100,000 H-1B Proclamation

Intro 

On September 19, 2025, the White House issued a Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers,” which announced a $100,000 fee for certain H-1B workers seeking entry into the United States. This policy was scheduled to take effect just 36 hours later on September 21, 2025. The Proclamation elicited outrage and anxiety among employers and H-1B employees, particularly those currently outside the United States who were fearful of being stuck abroad. In response, the government has issued guidance clarifying and limiting the impact of the proclamation, but many questions still remain and additional official guidance is necessary to address areas of ambiguity and confusion. Additionally, expected litigation may further limit the impact of the Proclamation in the coming weeks.  

History 

• On September 19, 2025, President Trump published a Proclamation titled, “Restriction on Entry of Certain Nonimmigrant Workers,” which stated that the $100,000 fee was required for any H-1B worker who is outside of the U.S. and seeking entry on or after September 21, 2025. 

• On September 20, 2025, after significant outrage, the U.S. Citizenship & Immigration Services (USCIS) released a memorandum seeking to clarify that the Proclamation only applies “prospectively to petitions that have not yet been filed” and that “the proclamation does not impact the ability of any current visa holder to travel to or from the United States.” Specifically, it stated that it does NOT apply to:  

• • Beneficiaries of H-1B petitions that were filed prior to the effective date of the proclamation; OR 

• • Beneficiaries of currently approved H-1B petitions; OR 

• • Beneficiaries in possession of validly issued H-1B visa stamp. 

• Later that same day, the U.S. Customs & Border Protection (CBP) also released a memorandum reiterating that the “Proclamation does not impact the ability of any current visa holder to travel to or from the United States.” 

• Confusingly, the White House Press Secretary Karoline Leavitt announced via X: “Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter.” She added that “H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation. This applies only to new visas, not renewals, and not current visa holders. It will first apply in the next upcoming lottery cycle.” Nothing in the original text of the Proclamation expressly indicates that it only applies to the next H-1B lottery, but that appears to be the intent behind the Proclamation.  

• On September 21, 2025, the U.S. Department of State (DOS) released an FAQ,  the White House released an FAQ, and USCIS also released an FAQ. 

Although there have been multiple efforts to clarify the intent and interpretation of the Proclamation, the subsequent memoranda and FAQs at times conflict with the original document and leave several issues unresolved; as such, additional official guidance will be necessary.  

What We Know So Far 

What does the Proclamation do? 

• Creates a travel restriction: entry of H-1B workers into the United States requires employers to pay a $100,000 fee. 

• Effective September 21, 2025, initially for one year, with possible extensions. 

• Allows discretionary exemptions for individuals, companies, or industries if deemed in the national interest. 

Who is impacted by the Proclamation? 

• Individuals outside the U.S. who have not yet filed an H-1B petition as of September 21, 2025 and who do not already have a valid H-1B visa. 

• Individuals who will be subject to the FY2027 H-1B lottery. 

Who is NOT impacted by the Proclamation? 

• Individuals who are in possession of an H-1B visa or were previously issued an H-1B visa. 

• Individuals for whom H-1B petitions were filed prior to September 21, 2025, whether their H-1B petition is pending or approved, including FY2026 H-1B cap petitions.  

• Individuals seeking an “H-1B renewal,” meaning those seeking an H-1B extension with the same employer.  

• Citizens of Chile or Singapore H-1B1 status. The Proclamation only addresses H-1B workers and does not mention H-1B1 workers.  

• Spouses and children of H-1B workers seeking H-4 visas or status.  

National Interest Exemption 

 The Department of Homeland Security may grant exemptions where employment is in the national interest. These can be requested: 

• For an individual worker 

• For an entire company or organization 

• For an industry 

The administration has already suggested that physicians and medical residents may be exempt. Specific application procedures remain unclear. 

Litigation is Imminent 

It is almost certain that numerous lawsuits brought forth by state(s) and employers will soon be filed, and may completely or partially block the implementation of the Proclamation, or at the very least limit its implementation further. Arguments against the Proclamation include unclear guidance, arbitrary fees, and lack of legal authority to impose this “tax” on H-1B employers.  

What We Do NOT Know Yet 

• H-1B Change of Employer (Transfers): We do not yet know whether individuals filing an H-1B transfer to change from one employer to another employer on or after September 21, 2025 are subject to the Proclamation. Arguably, these individuals are exempt because they are already in the U.S. in H-1B status and in possession of an H-1B visa, but the USCIS guidance does not explicitly clarify whether these are considered “new” petitions. In practice, we have seen these petitions being receipted by USCIS without the fee.  

• H-1B Amendments: We do not yet know whether individuals filing an H-1B amendment to notify USCIS of a material change in their employment (e.g., change in work location, new position, etc.) on or after September 21, 2025 are subject to the Proclamation. Many of these amendments also include a concurrent request for an extension, and should be considered exempt by virtue of them being a “renewal,” but the USCIS guidance does not explicitly clarify whether these are considered “new” petitions. 

• H-1B Cap-Exempt Employers: The stated intent of the Proclamation is to focus on next year’s H-1B cap (lottery based) petitions, but we do not yet know whether the Proclamation also extends to cap-exempt employers. These include universities, non-profit entities affiliated with universities (e.g. university hospitals and other medical institutions), non-profit research organizations, and governmental research organizations.  

• H-1B Change of Status: We do not yet know whether individuals in the U.S. in another status (e.g. F-1 student) are subject to the Proclamation if their employer files a petition seeking to change their status to H-1B status on or after September 21, 2025.  

• How to Pay: We do not yet know how to pay the $100,000 fee. There is currently no information or mechanism to pay the fee. Furthermore, beginning on October 28, 2025, USCIS will require that all filing fees be paid using a credit or debit card only, making it even more difficult to pay such a high fee, given transaction limits on credit and debit cards.  

• Details Regarding National Interest Exemption: We do not yet know the specific criteria or even mechanism for seeking an exemption from the Proclamation on account of the employment being in the national interest.  

A lot remains unclear about the Proclamation at this point, and additional official guidance is needed to fully understand its impact. We anticipate having additional guidance in the coming weeks as the government responds to expected litigation. What is clear, however, is that the Trump administration is making it harder for employers to utilize foreign workers. For example, on September 24, 2025, the Department of Homeland Security proposed changing the H-1B lottery to favor higher-paid positions: workers offered a Level 4 prevailing wage would receive four lottery entries, while entry-level workers at a Level 1 wage would only receive one. When combined with the $100,000 fee on “new” petitions and other restrictive measures, these actions demonstrate the administration’s intent to deter employers from relying on foreign talent. 

The content of this FAQ is valid as of September 25, 2025, but is subject to and will certainly change as more information is provided by the government.