09/20/2025
Trump Slams H-1B Visa Applicants with Crazy and Illegal $100,000 Fee ...impacts anyone who is currently OUTSIDE THE USA and either attending an H-1B visa interview or traveling to the USA on an H-1B visa already issued. Impacts thousands of people who won the H-1B Lottery this year, paid the required filing fees, were vetted by USCIS and the US Dept of State and can begin working on October 1st...it will be litigated because it violates APA, and due process. You can't waive an Executive Order wand to do this stuff...
On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.
While we wait for details regarding implementation, below are key points and considerations:
• The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
• The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S. pursuant to INA 212(f).
• The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the U.S.
o However, it could impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.
• USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.
• Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt.