On September 19, 2025, President Donald Trump issued a Proclamation that significantly impacts the H-1B visa program, introducing a $100,000 payment requirement for employers filing new H-1B petitions. This rule takes effect for petitions filed on or after September 21, 2025, at 12:01 a.m. ET.
Agencies including USCIS, CBP, and the Department of State have confirmed the policy applies prospectively, meaning it does not impact petitions filed before the effective date or already approved cases.
Who Is Affected?
- New H-1B petitions filed after September 21, 2025 → Subject to the $100,000 payment.
- Current H-1B visa holders → Not impacted for renewals, amendments, or employer changes within the U.S.
- Existing approved petitions & valid visas → No new fees required for routine travel or visa stamping.
- Cap-exempt and national interest cases → May qualify for exceptions on a case-by-case basis.
Payment Requirement
- The $100,000 is a one-time obligation tied only to new H-1B petitions.
- It does not apply to renewals, extensions, or existing employees with valid H-1B approval notices.
Employer Considerations
For employers planning new H-1B hires, this change represents a major financial and compliance challenge. Businesses should:
- Reassess workforce strategies – consider domestic hiring, internal role reallocations, or offshore solutions.
- Review compliance risks – ensure job reassignments, pay changes, and classification updates align with FLSA and wage laws.
- Audit pay equity – confirm fair and timely wage practices across all groups.
- Plan ahead for restructuring – understand WARN Act obligations and collective bargaining impacts.
- Update company policies – align employee handbooks, remote work guidelines, and compensation frameworks with new staffing needs.
- Revisit client contracts – adjust project deliverables if H-1B hiring assumptions no longer hold.
Related Policy Updates
- Department of Labor → Proposing higher prevailing wages.
- Department of Homeland Security → Considering prioritization of higher-paid, higher-skilled roles in the H-1B lottery.
What This Means for You
The biggest impact will be felt during next year’s H-1B cap filings, as well as certain cap-exempt cases filed after the September 21 deadline. Current employees and already approved petitions remain unaffected under current guidance.
Employers and workers should prepare early, evaluate alternatives, and monitor upcoming clarifications.
