$100K for an H-1B? FAQs on the September 19, 2025 Proclamation Restricting Entry

By: Mishita Jethi

On September 19, 2025, President Trump signed a proclamation that aims to restrict entry into the United States of certain foreign workers, in particular those seeking H-1B visas, unless their petitions are accompanied by a payment of $100,000. On September 20, 2025, both United States Citizenship and Immigration Service (USCIS) and United States Customs and Border Protection (CBP) issued memoranda on the said proclamation and its applicability.

Here are some FAQs on the said proclamation and the said memoranda:

1. Which visa classifications does the proclamation apply to?
   
   This proclamation applies to H-1B visa classification. So far, there is no indication that the proclamation will apply to H-4, L-1, L-2, or any other visa classification - although secondary impact on any visa classification dependent on H-1B cannot be ruled out.
   
2. Does the proclamation apply to all H-1B petitions?
   
   As per the memoranda issued by the USCIS and CBP, this proclamation applies to "any new H-1B visa petitions submitted" after 12:01 a.m. EDT on September 21, 2025. "This includes the 2026 lottery, and any other H-1B petitions submitted" after 12:01 a.m. EDT on September 21, 2025.
   
3. What does "new petition" mean? Will the proclamation apply to H-1B petitions filed for extending or amending the H-1B status or changing status to H-1B?
   
   It is not entirely clear what "new petition" might encompass - however, the USCIS memorandum specifies that the proclamation "does not change any payments or fees required to be submitted in connection with any H-1B renewals". Thus presumably, any extensions/amendments/transfers/change of status for foreign nationals in the US appear to be exempt from the proclamation at the moment.
   
4. Does the proclamation restrict travel into the United States by those foreign nationals who hold a valid H-1B visa?
   
   According to the USCIS and CBP memoranda, the proclamation does not prevent any holder of H-1B visa from traveling to and from the United States. The memoranda also clarify that the proclamation does not "apply to any previously issued H-1B visas".
   
5. Does the proclamation bar issuance of new H-1B visas by United States consulates/embassies?
   
   This does not appear to be addressed by either the proclamation or the memoranda. It is worth noting that at the moment, there does not appear to be any guidance as to the means and methods of paying this one-time fee on submission of a new H-1B petition. It is therefore not clear whether the fee needs to paid at the time of filing a new H-1B petition or whether it may be paid at the time of applying for the H-1B visa.
   
6. When will the government announce procedures for H-1B fee payments and national interest exceptions?
   
   The administration is expected to release details on both fee payment mechanisms and exemption application procedures in the coming days. However, no official guidance has been issued at the time of this publication.
   
7. Is the new proclamation likely to face legal challenges?
   
   Yes. Lawsuits are anticipated in the near term, with plaintiffs expected to seek emergency stays to block implementation of the proclamation. While such litigation is highly likely, the timing and outcome of any court-ordered injunction remain uncertain.

The Chugh, LLP immigration team is closely monitoring the situation and will continue providing updates as and when any agency guidance or rulemaking is issued. For any further questions relating to this alert, please contact your trusted Chugh, LLP attorney.

Source:

• Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, H-1B
• CBP Memorandum on Restriction on Entry of Certain Nonimmigrant Workers (H-1B) Proclamation