Proclamation

H-1B Visa Holders Abroad Face $100K Entry Fee Under New Proclamation

Maggio Kattar

On September 19, 2025, the President issued a proclamation entitled Restriction on Entry of Certain Nonimmigrant Workers. The proclamation imposes a $100,000 supplemental government fee for H-1B workers seeking entry to the United States from abroad, unless an exception is granted.

The restriction takes effect 12:01 a.m. ET on Sunday, September 21, 2025 (9:01 p.m. PT on Saturday, September 20, 2025) and is scheduled to remain in place for 12 months, through September 21, 2026, unless extended.

At this time, the Department of Homeland Security (DHS) and Department of State (DOS) have not issued implementing instructions, leaving key questions unresolved, including how and when the fee will be collected and how requests for exceptions will be processed.

Key Provisions of the Proclamation

  • Scope: Applies to H-1B workers currently outside the U.S. who seek entry or reentry.
  • Supplemental Fee: $100,000 required per individual case unless exempted.
  • Exceptions: DHS may grant waivers for individuals, employers, or industries if admission is determined to be in the national interest.
  • Petition Processing: The proclamation references restrictions on “decisions on petitions” for H-1B workers outside the U.S. if not accompanied by the $100,000 fee, but does not outline procedures.
  • Future Rulemaking: Directs the Department of Labor to pursue regulatory changes to prevailing wage requirements for H-1B positions.
  • Extensions and Amendments: The proclamation does not appear to impact extensions and amendments for individuals in the United States.

Employer Action Items

  • H-1B Employees Abroad
  • If possible, return to the U.S. before 11:59 p.m. ET on September 20, 2025 to avoid being subject to the new restrictions.
  • If return is not possible, be prepared for potential delays, denials, or fee requirements at consulates and ports of entry.
  • H-1B Employees in the U.S.
  • Strongly consider deferring international travel until DHS and DOS provide clarification on enforcement and fee procedures.
  • Workforce Planning
  • Identify employees who may be affected and assess contingency plans.
  • Review potential eligibility for national interest exceptions.
  • Monitor developments regarding wage-level rulemaking and possible litigation challenging the proclamation.

Next Steps

We expect further clarification from DHS and DOS in the coming days regarding implementation, fee collection, and waiver procedures. Employers should act promptly to communicate with impacted employees and prepare for potential disruptions to travel and staffing. Litigation is expected that may enjoin this executive order because it is not clear that this proclamation is lawful.

Please contact your Maggio Kattar attorney with any questions or if you need assistance preparing for these changes.