United States: President Trump Bans H-1B Entries Unless $100,000 Fee Is Paid
September 19, 2025
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At a glance
- H-1B employees will be denied entry to the United States as of September 21, 2025 unless their employer has paid a $100,000 fee for the employee, according to a proclamation signed by President Trump late Friday.
- The entry ban and fee requirement appear to apply to any H-1B entering the United States after 12:01am EDT on Sunday, September 21, 2025. It certainly applies to any to-be-filed or pending H-1B petition and any new application for an H-1B visa.
- The proclamation allows the Department of Homeland Security to grant exceptions to the ban for individual foreign nationals, foreign nationals working for a particular company, or foreign nationals working in a specific industry, if, in the agency’s discretion, H-1B employment is found to be in the national interest and does not pose a threat to U.S. security or welfare.
- The restriction will be valid for 12 months but may be extended on the recommendation of the federal immigration agencies. An extension would keep the ban in place for foreign nationals for whom a FY 2027 H-1B cap petition was approved.
The issue
President Trump late Friday signed a presidential proclamation that bans an H-1B employee from entering the United States unless their employer has paid a $100,000 fee for the sponsored employee. The proclamation is set to take effect at 12:01 am EDT on Sunday, September 21, absent a court order suspending implementation.
Which foreign nationals are subject to the ban and fee?
According to the proclamation, the entry restriction applies to foreign nationals seeking to enter the United States on or after the effective date to work as H-1B employees unless their petition is accompanied or supplemented by a payment of $100,000.
If an H-1B petition beneficiary is currently outside the United States, the proclamation directs the Department of Homeland Security to suspend a decision on the H-1B petition for that beneficiary if the fee is not paid. The proclamation also directs the Secretary of State not to approve an H-1B visa unless the $100,000 payment is made.
The proclamation itself is clear. However, when it is read alongside a related White House fact sheet, differences in wording raise questions about whether the entry restrictions apply to people with an H-1B petition or visa approved before the proclamation’s effective date. Until there is official clarification, employers should follow the proclamation as written. Fragomen will provide updates as they become available.
National interest exceptions to the entry restriction
The proclamation gives the Department of Homeland Security (DHS) the authority to grant an exception to any individual foreign national, all foreign nationals working for a specific employer, or all foreign nationals working in a specific industry if it is in the U.S. national interest and does not pose a threat to U.S. national security or welfare. DHS has not yet announced a process for exception applications.
Fee payment
DHS and the State Department are instructed to verify that the $100,000 fee has been paid before approving a USCIS H-1B petition or a State Department H-1B visa application. Fee payment procedures have not yet been announced.
B visa restrictions on prospective H-1B workers
The proclamation directs the Secretary of State to issue guidance to ensure that those with an approved H-1B petition for employment before October 1, 2026 do not misuse the B-1/B-2 visa. This is likely to mean that H-1B petition beneficiaries seeking to enter the United States as visitors for business or tourism may be subject to higher scrutiny when applying for a B visa or attempting to enter the United States under the Visa Waiver Program.
Forthcoming rulemaking affect employment-based nonimmigrants
The proclamation instructs the Department of Homeland Security to begin rulemaking that would prioritize the highest paid and most qualified foreign nationals. A DHS proposal to implement a weighted system for allocating the H-1B quota has already cleared Office of Management and Budget review and is expected to be published for public feedback in the coming days. Other DHS rulemaking is possible.
It also directs the Department of Labor to propose changes to the H-1B prevailing wage system. Though the Administration’s most recent regulatory agenda did not include a plan for prevailing wages, a proposed regulation could be issued in the coming months. During the first Trump Administration, an attempt to raise prevailing wages was blocked by a federal court and ultimately withdrawn. A new regulation would go through notice-and-comment rulemaking procedures and take several months to complete.
What H-1B employers and employees should do now
Though it is not yet clear how the Trump Administration will implement the new proclamation, we advise employers and affected foreign nationals to do as follows until further notice:
- Individuals outside the United States with an approved H-1B petition and H-1B visa (if required) should try to return to the United States before 12:01am EDT on Sunday, September 21, 2025. If they are unable to enter before that time, they should await further instructions.
- H-1B nonimmigrants with plans to travel outside the United States and reenter on or after September 21 should put their plans on hold for now until the scope of the entry restrictions is clarified. If foreign travel is unavoidable, they should anticipate significant delays in their ability to return to the United States.
- Employers and foreign nationals should stay on top of legal developments. Litigation to challenge the entry ban is expected and court orders could mean new instructions for H-1B nonimmigrants and their employers with little notice.
Fragomen will issue further updates on the status of the entry ban as the situation evolves.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
