Highlights
Impacted Employers: Employers seeking to sponsor workers under an H1-B visa in the future.
Effective Date: 12:01 a.m. EDT Sunday, Sept. 21, 2025. The restriction is set to last for one year, unless extended.
Summary: On Sept. 19, 2025, the President 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. Subsequent agency guidance has clarified that the restriction on entry and reentry applies only to foreign nationals for whom an H-1B petition is filed on or after Sept. 21, 2025.
Next steps: Review the Proclamation and agency guidance from U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection(CBP) and the U.S Department of State (State Department). Consult with legal counsel regarding the impact of the Proclamation and agency guidance on any future H-1B visa sponsorships. ADP will continue to monitor for any relevant updates and additional agency guidance.
The Details
Background
The H-1B visa program allows US employers to hire foreign workers in specialty occupations requiring highly specialized knowledge. Before the Proclamation took effect, private employers would submit a $780 fee to sponsor a petition along with additional fees of approximately $1,800 to $2,600. The government holds an annual lottery to select those workers who will gain the visa.
The Proclamation
On Sept. 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, 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 effective date of this Proclamation is 12:01 a.m. EDT Sunday, Sept. 21, 2025.
The Proclamation allows the Department of Homeland Security (DHS) to grant exceptions
for individuals, companies, or industries if the DHS determines it is “in the national interest and does not pose a threat to the security or welfare of the United States.” Additional exceptions may be granted; however, DHS has yet to issue guidance regarding further exceptions or the process for exception applications.
Agency Guidance
While additional guidance is rapidly evolving, the most recent guidance from USCIS , CBP and the State Department collectively clarifies that:
The Proclamation:
- Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025.
The Proclamation does not:
- Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025 (e.g., it does not apply to anyone who participated in the 2025 lottery).
- Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
- Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
The State Department FAQs also indicate that the government will take additional steps to reform the H-1B program, including rulemaking to revise and raise the prevailing wage levels and to prioritize high-skilled, high-paid workers over those at lower wage levels. Review the State Department FAQs for additional information
ADP will continue to monitor for updates.