H-1B Changes: $100,000 Fee, Entry Restrictions, And Weighted Lottery System

On September 19, 2025, President Trump signed a presidential proclamation ("Restriction on Entry of Certain Nonimmigrant Workers") that imposes a $100,000 fee per H-1B employee and restricts entry into the U.S. for certain H-1B visa holders unless this fee is paid. The proclamation went into effect on September 21, 2025.

The government has issued guidance indicating that the fee only applies prospectively to petitions that have not yet been filed before the effective proclamation date. We are awaiting further clarification on the proclamation. In the meantime, we have summarized below some of the key points and proposed changes to the H-1B Lottery System.

Key Points

• The Proclamation does not apply to the following:
  • Beneficiaries of H-1B petitions that were filed prior to the effective date of the proclamation