Chicago Immigration Lawyer Blog
On September 19, 2025, President Trump issued a Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. This Proclamation introduces a substantial new cost for employers filing new H-1B petitions and signals further regulatory reforms to the H-1B program. The H-1B Attorneys of Zneimer & Zneimer provide this brief guidance.
Key Change – New $100,000 Filing Requirement
Effective September 21, 2025 at 12:01 a.m. ET, any new H-1B petition must be accompanied by a $100,000 payment. This requirement applies to:
- The 2026 H-1B lottery, and
- All new petitions filed on or after September 21, 2025.
The Proclamation does NOT apply to:
- Previously filed H-1B petitions,
- Current H-1B visa holders, or
- H-1B renewals.
Agency Guidance
- The State Department has directed consular posts to apply the new payment requirement to all new filings while clarifying that current H-1B visa holders retain the ability to travel. Here are the State Department’s FAQs
- USCIS has instructed adjudicators to ensure that all new H-1B petitions are either accompanied or supplemented by the required payment. Petitions filed before September 21, 2025, remain unaffected. Here is USCIS’s Memo.
- CBP will continue processing valid H-1B visa holders at ports of entry. The new fee requirement applies only to new petitions and does not alter travel rights for current visa holders. Here is the CBP tweet on the issue.
What Employers Should Expect Next
The Proclamation contemplates further reforms, including:
- A Department of Labor rulemaking to raise prevailing wage levels, and
- A Department of Homeland Security rulemaking to prioritize higher-paid, higher-skilled workers in the H-1B lottery.
Additional measures are expected in the coming months.
Takeaways
Employers planning to file new H-1B petitions should account immediately for the $100,000 fee requirement and monitor upcoming rulemakings that may further change wage levels and lottery selection criteria. Current H-1B employees and renewals remain unaffected for now.
For questions about how this development may affect your organization, please contact our office at 773-516-4100 or immigration@zneimerlaw.com