Restriction on Nonimmigrant Workers with New H-1B $100,000 Fee Rule
On September 19, 2025, President Trump signed a Proclamation reinventing the H-1B program.
According to President Trump, the Proclamation, titled “Restriction on Entry of Certain Nonimmigrant Workers”, is being implemented to address systemic abuse of H-1B nonimmigrant visas.
Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.
Purpose of New Rule
The reasoning behind the $100,000 initiation fee is to reduce systemic abuse and fraud of the H-1B program, which has been said to deliberately exploit and replace, rather than supplement the U.S. workforce. Employers have been said to deliberately abuse the H-1B program and artificially suppress wages, resulting in a disadvantage to the U.S. labor market.
Those largely affected have been workers in the STEM field (Science, Engineering, Math and Technology). The most manipulation has been found in the Information Technology (IT field). Abuses of the H-1B program has been said to be a “national threat”, discouraging Americans from pursuing careers in STEM fields.
Who Is Subject to the New Fee?
This new rule will apply to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025. This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.
All officers of the United States Citizenship and Immigration Services (USCIS) shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.
At the same time, Customs and Border Protection issued an internal memorandum reminding its officers that the Proclamation ONLY applies to prospective H-1B’s, not those already approved, nor any petitions that were filed prior to September 21, 2025.
U.S. Department of Labor Launches Project Firewall
Along with the H-1B proclamation, the U.S. DOL announced the launch of “Project Firewall”, an H-1B enforcement initiative that will safeguard the rights, wages, and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and holding employers accountable if they abuse the H-1B visa process, commit fraud, or abuse the system.
The DOL is now authorized under federal law to conduct investigations of employers through Project Firewall to maximize H1B program compliance. To achieve this goal, the Secretary of Labor will personally certify the initiation of investigations for the first time in the department’s history. These Secretary-certified investigations, along with other H-1B related investigations will hold employers accountable and protect U.S. workers.
Time Period
The $100,000 fee shall expire, 12 months after the effective date of the September 21, 2025 proclamation. The Fee will not apply to industries that the DHS determines is in the “national Interest” or does not pose a threat to the security or welfare of the U.S., but this has not been defined as of yet. Payments must be made in advance, accompanied by a fee receipt.
