Trump’s Presidential Proclamation Imposes $100,000 “payment” for New H-1B Entries and Petitions
On September 19, 2025, President Trump signed Presidential Proclamation 10973 “Restriction on Entry of Certain Nonimmigrant Workers,” which became effective on September 21, 2025 at 12:01am EDT. The Proclamation restricts the entry of H-1B nonimmigrants into the United States and restricts decisions on H-1B petitions filed with U.S. Citizenship and Immigration Services (USCIS) unless “accompanied or supplemented” with a $100,000 payment.
After substantial confusion regarding the Proclamation’s language and scope, the Department of Homeland Security (DHS) through USCIS and U.S. Customs and Border Protection (CBP) clarified through two memoranda on September 20, 2025 that the Proclamation applies prospectively to new H-1B petitions filed after the Proclamation’s effective date. The USCIS and CBP memoranda provide that the Proclamation does not apply to:
Beneficiaries of approved H-1B petitions filed before 09/21/25; and
Beneficiaries of H-1B petitions under review with USCIS as of 09/21/25.
In addition, USCIS and CBP stated that individuals with validly issued H-1B visas are able to travel and are not subject to the $100,000 payment requirement for entry.
A September 21, 2025 update to the USCIS website states that the Proclamation “does not change any payments or fees required to be submitted in connection with any H-1B renewals.”
The Department of State states similarly that “The Proclamation’s restrictions on visa issuance and entry apply only to [noncitizens] seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025 at 12:01am [EDT].” (Department of State, “Restriction on Entry of Certain Nonimmigrant Workers” (Sept. 21, 2025), https://travel.state.gov/content/ travel/en/News/visas-news/restriction-on-entry-of-certain-nonimmigrant-workers.html).
There is still substantial confusion surrounding many aspects of this Proclamation, including how the government will receive payments, whether the payment requirement applies to future H-1B petitions which request a change of status, an amendment, or change of employer, whether cap-exempt organizations are also subject, and what criteria DHS will use to exempt individuals, companies, or industries from the payment.
Since the Proclamation took effect, IDC has received reports of H-1B nonimmigrants receiving new H-1B visas from consulates based on previously approved H-1B petitions and entering the U.S. without issue. However, we advise H-1B nonimmigrants to remain cautious of this Proclamation.
To summarize, the current state of the Proclamation is as follows:
USCIS, CBP and DOS have all confirmed that that proclamation does not apply to H-1B petitions filed before 9/21/2025.
USCIS has confirmed that the proclamation imposes no additional fees for H-1B renewals.
DOS has confirmed that the proclamation imposes no additional visa application fee for an H-1B visa which is based on petition filed before September 21, 2025.
CBP has confirmed that the proclamation imposes no entry fee on beneficiaries of H-1B petitions filed before September 21, 2025.
We expect that this Proclamation will almost certainly be challenged in court. We will provide updates as we receive them.