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The immigration landscape for skilled workers has changed dramatically following a recent development regarding the H-1B program. The source material provides key information regarding a new proclamation that places significant restrictions on the entry of certain nonimmigrant workers. Here are key takeaways to gain a clear understanding of the immediate financial requirements, the limited scope of the rule so far, and the serious travel risks associated with the new policy.

6 Essential Takeaways on the New H-1B Restrictions

1. Mega New Fee Imposed

President Trump’s proclamation issued on September 19, 2025, titled “Restriction on Entry of Certain Nonimmigrant Workers,” dictates a steep new requirement for certain petitions. Specifically, this proclamation mandates that some new H-1B petitions filed must include a steep $100,000 payment. According to the source, this fee applies to petitions filed on or after 12:01 a.m. ET, September 21, 2025.

2. One-Time, Not Annual Fee

While the price tag is high, the fee structure is designed as a single payment. Based on the information available so far, the fee is a one-time charge due upon submission of a new H-1B petition. The source clarifies that this change does not affect existing payments or fees required for any H-1B renewals.

3. Targets Workers Outside U.S.

The restriction and fee primarily target individuals seeking to enter the United States. USCIS has been instructed not to adjudicate petitions unless they are accompanied by proof of the $100,000 payment for H-1B workers who are currently outside of the U.S.. For now, according to the source, the fee appears applicable to new H-1B petitions (CAP-filed) for individuals outside the U.S..

4. Internal Status Changes Appear Exempt

For beneficiaries who are already inside the U.S. and maintain lawful H-1B status, several actions currently seem exempt from the new fee. Extensions of stay inside the U.S., amended petitions, and changes of employer where the beneficiary remains in H-1B status are not expressly mentioned. As noted in the original article, these actions are “not expressly covered, so unless instructed otherwise, it appears they are exempt”.

5. Avoid International Travel Now

This proclamation represents an unprecedented shift in employment-based immigration policy, creating significant uncertainty. Due to the regulatory confusion and lack of clear procedures, the risks involved in leaving the country far outweigh any potential benefits. The source strongly advises that H-1B employees and their dependents “should not attempt to leave the United States at this time”.

6. Future Rules Prioritize High-Paid Foreign Workers

Beyond the immediate fee and travel restrictions, the proclamation contemplates further reforms to enhance the H-1B program. The Department of Labor is expected to propose rulemaking to revise and raise prevailing wage levels. This step, alongside upcoming DHS rulemaking to prioritize high-skilled, high-paid foreign workers in the lottery, aims to “upskill the H-1B program and ensure that it is used to hire only the best of the best temporary foreign workers.”

Summary

This H-1B Proclamation introduces immediate, high-cost barriers for specific new petitions and signals major shifts in future policy, particularly by focusing on prioritizing higher-paid workers. Given the current inconsistencies in guidance, including an FAQ released recently that seemed to conflict with earlier instructions, the situation remains fluid and uncertain.