H-1B Visa Holders Face $100,000 Entry Fee

Quick Hits

• On September 19, 2025, President Trump announced a Presidential Proclamation imposing a $100,000 fee on H-1B work visas, effective September 21, 2025, with the aim of enhancing the U.S. economy and labor market.
• The proclamation restricts the entry of H-1B workers into the United States unless the fee is paid or a national interest exception applies, and mandates coordination between the Department of Homeland Security and the Department of State for enforcement.
• Employers and H-1B visa holders are advised to follow these developments closely, particularly regarding travel, as further federal actions and potential litigation are anticipated.

Executive Proclamation

On September 19, 2025, President Trump delivered a live address from the White House and subsequently issued a proclamation and fact sheet (“President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers”) contemplating an additional $100,000 fee to be paid for H-1B workers seeking to enter the United States.

Starting September 21, 2025, the proclamation imposes a 12-month restriction on the entry of H-1B workers into the United States unless the company has paid the $100,000 fee. Importantly, exceptions can be made for an individual, for all workers of a company, and for an entire industry, if such are deemed in the national interest.

Implementation of the changes contemplated in the proclamation and fact sheet released by the White House will require additional federal action. The order also mandates compliance measures and coordination between the Department of Homeland Security and the Department of State to enforce these restrictions. Additionally, it calls for a revision of prevailing wage levels and prioritization of high-skilled, high-paid foreign nationals in the H-1B program.

Key Highlights

• Travel Restriction: The proclamation’s travel ban appears to prevent H-1B visa holders from entering the United States starting September 21, 2025. 
• New Fee: Obtaining an H-1B visa without a national interest exception will require an additional $100,000 fee. The stated purpose of the fee is to ensure that only highly skilled individuals, who cannot be easily replaced by U.S. workers, are brought into the United States.
• Questions Remain: Additional information is expected to augment the proclamation and the fact sheet. 

Travel Caution

H-1B visa holders who are currently outside of the United States will need to connect with their employers regarding next steps. The proclamation and fact sheet suggest that H-1B visa holders who are currently present in the United States refrain from departing the country at this time. Travel caution is also advisable for dependent family members of H-1B visa holders.

Background

Congress created the H-1B visa program to facilitate the employment of professional workers in specialty occupations. To be eligible for an H-1B visa, the professional role must require a related bachelor’s degree or higher, and the worker’s credentials must align. Participation in the H-1B program requires employers to pay the appropriate wage that is no less than the wage paid to similar workers and no less than the prevailing wage for that geographic area.

Employers pay fees to the government in connection with usage of the H-1B program. U.S. Citizenship and Immigration Services (USCIS) is the federal agency that articulates and collects fees relating to H-1B visa petitions, and those fees typically relate to the costs associated with administering the immigration program. For fee changes, the agency typically undergoes a standard rulemaking process that includes notice and comment to the public. Litigation to challenge this proclamation is likely to occur.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.

Ogletree Deakins’ Immigration Practice Group will monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available.

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