Employing Workers with H-1B Visas Just Got Pricier for American Employers

On September 19, 2025, President Donald Trump signed a Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers.” This Proclamation imposes a new fee structure for those employers looking to hire foreign workers holding an H-1B visa. The new fee structure is going to make hiring foreign workers a lot pricier for American companies and could possibly deter American companies from hiring some foreign workers.

Previously, employers looking to hire foreign workers holding an H-1B visa paid all H-1B fees on behalf of the foreign worker which included a $215 registration fee and a $780 processing fee. Under the new fee structure, employers will be required to pay a one-time fee of $100,000 with any new H-1B petitions submitted on or after September 21, 2025.

Since signing the new Proclamation, the U.S. Citizenship and Immigration Services has made several clarifications. First, the new fee structure does not include H-1B visas or petitions that were submitted before the September 21, 2025 deadline. Second, this new fee structure only applies to new petitions and does not apply to renewal applications. Third, this new fee structure does not prevent any workers currently in the U.S. with a H-1B visa from traveling in and out of the U.S.

The following are subject to the $100,000 payment:

• H-1B petitions filed on or after September 21, 2025 for those who are located outside the United States and do not have a valid H-1B visa.

• Individuals who submitted petitions requesting consular processing (visa issuance abroad), port of entry notification, or pre-flight inspection for beneficiaries inside the U.S.

• Individuals who submitted petition that requests a change of status, amendment, or extension of stay, and the USCIS finds that the individual is ineligible for these requests (not in a valid non-immigrant status).

• An individual who departs the U.S. before the petition is adjudicated.

The following are not subject to the $100,000 payment:

• Any H-1B visa issued before September 21, 2025.

• Any H-1B petitions filed before September 21, 2025.

• Current H-1B visa holders including those traveling internationally.

• H-1B petitions filed on or after September 21, 2025 requesting a change of status, amendment, or extension of stay for someone already located within the U.S. and only if the USCIS approves the request being made.

Exception to the $100,000 payment can be made only in an extraordinarily rare circumstance and only if the Secretary of Homeland Security makes the following determinations:

• the H-1B worker’s employment is in the national interest;

• no qualified U.S. worker is available for the position;

• the worker poses no security or welfare risk; and

• requiring the payment would undermine U.S. interests.

Many hope that the end result of this new Proclamation is that American companies will favor hiring American workers over foreign workers. This is of particular concern to the American workforce because some of the largest U.S. companies have laid off a significant portion of their American workforce and replaced those workers with cheaper foreign workers holding H-1B visas.