On September 19, 2025, President Donald J. Trump issued a Proclamation restricting the entry of certain H-1B nonimmigrant workers into the United States. This action follows growing concerns regarding systemic abuse of the H-1B visa program and its impact on U.S. workers, particularly in the IT and STEM sectors.
Key Highlights of the Proclamation
- Restriction on Entry: Beginning 12:01 a.m. EDT on September 21, 2025, the entry of H-1B specialty occupation workers is restricted unless the employer pays a $100,000 fee with the petition.
- Duration: Restriction effective for 12 months (subject to extension).
- National Interest Exception: The Secretary of Homeland Security may waive the restriction if hiring foreign workers is deemed in the national interest and does not threaten U.S. security or welfare.
- Compliance Requirements: Employers must retain proof of the $100,000 payment; the Department of State and DHS will verify compliance during adjudication.
- Future Rulemaking:
- The Department of Labor will revise prevailing wage levels.
- DHS will prioritize admission of high-skilled, high-paid workers.
Impact on Employers & Workers
- Employers relying on the H-1B program will face significantly higher costs.
- This may affect recruitment timelines, workforce planning, and compliance obligations.
- Current petitions for workers outside the U.S. may be delayed or denied if not accompanied by the required payment.
What This Means for You
If your business employs or plans to employ H-1B workers, it is critical to review your immigration strategy immediately. This Proclamation may affect both pending and future H-1B cases.
Our immigration attorneys are prepared to provide guidance on:
- Navigating compliance with the new Proclamation
- Exploring alternatives to the H-1B visa program
- Assessing whether your case qualifies for the national interest exception
Contact Us Today
For assistance in understanding how this Proclamation affects you or your business, please contact NPZ Law Group at 201-670-0006 or email us at info@visaserve.com.
Stay informed with our team as immigration laws continue to evolve.