Monday Legal Lens: What’s Changing: H-1B Entry Restrictions + $100,000 Fee

The U.S. government has issued a new presidential proclamation (“Restriction on Entry of Certain Nonimmigrant Workers”) that imposes a $100,000 fee on new H-1B visa petitions submitted after 12:01 a.m. Eastern Daylight Time on September 21, 2025.  It also restricts entry for certain H-1B nonimmigrants who are outside the U.S. unless this fee is paid. 

✅ Who it applies to:

Applicants for new H-1B visa petitions who are outside the United States and whose employer has not paid the $100,000 fee.  Existing H-1B visa holders, renewals, or those with approved petitions filed before the fee’s effective date are not subject to this fee. 

✅ Key steps:

• If you are considering applying for an H-1B and are outside the U.S., check whether your employer is aware of and will pay the new fee.
• Confirm whether your petition or visa falls under the “new petition / new application” category (to which the fee applies).
• Be cautious with travel plans:  those abroad might face difficulties entering without fee compliance.
• Stay updated—USCIS and DHS are expected to issue guidance on how this fee payment is to be documented and enforced. 

✅ Why it matters:

• The new $100,000 fee represents a dramatic increase in cost for many employers and applicants, especially smaller companies or those with international workers.
• It may discourage some foreign workers from applying, or disrupt hiring plans, especially in tech, research, and other fields that heavily use H-1Bs.
• Because this restriction is enforced for those outside the U.S., individuals planning travel or reentry should assess their options carefully.
• The policy shifts reflect a broader trend toward restricting nonimmigrant entry as part of immigration reform and labor policy.

Need help understanding how this new H-1B fee and entry restriction impact your situation?

📩 Contact us at [email protected] for personalized guidance.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].