Unfortunately, it's true… A new $100,000 fee on H-1B petitions: what the Presidential Proclamation of September 19, 2025, provides for
After days of political and media debate, the official confirmation has arrived: on September 19, 2025, President Donald Trump signed a Presidential Proclamation introducing a supplementary fee of $100,000 for each new H-1B petition, the visa intended for highly skilled foreign workers.
The measure, published on the official White House website, went into effect at 12:01 a.m. ET on September 21, 2025.
What does the new provision entail
The measure, called “Proclamation on the Entry of Certain Nonimmigrant Workers,” has the stated objective of protecting American workers and reducing abuses in the H-1B program.
The proclamation instructs the Department of Homeland Security (DHS), the Department of State (DOS), and Customs and Border Protection (CBP) to collaborate on the implementation and enforcement of the new fee.
The additional payment of $100,000 USD applies exclusively to new H-1B petitions submitted after the effective time.
Petitions already filed, visas already issued, and requests for renewal or extension are therefore excluded.
Entry into force and duration
The Proclamation specifies that the new measure has an initial validity of 12 months, barring future extensions by the White House.
During this period, the federal agencies involved will be required to publish operational guidelines to define how the payment must be executed and documented within the petition process.
Exceptions and exemption criteria
The official text provides that the Secretary of Homeland Security may authorize case-by-case exemptions if the hiring of the foreign worker is in the national interest.
The practical criteria for determining which sectors, companies, or projects can benefit from the exemption have not yet been published, but they are expected to include activities related to critical infrastructure, strategic research, and high technology.
Expected impacts for companies and professionals
According to legal analyses and economic sources, the measure could have a different impact depending on the size of the businesses.
Large multinational corporations could absorb the new burden more easily, thanks to larger recruitment budgets.
Small and medium-sized enterprises (SMEs), on the other hand, risk facing a significant cost for every new international hire, with potential effects on their ability to attract talent and innovate.
Experts also emphasize that the success of the measure will depend on coordination among USCIS, DOS, and CBP, in order to ensure uniform and consistent implementation at all stages: from the petition to visa issuance, up to the entry control into the United States.
Next steps
In the coming months, DHS and USCIS will publish implementation regulations, clarifying payment methods, timelines, and any operational exceptions.
Until then, companies interested in starting new H-1B procedures must pay particular attention to filing dates and official instructions that will be provided by federal authorities.
Contact
If your company employs qualified foreign personnel or intends to file new H-1B petitions, it is advisable to analyze the implications of the new regulations immediately.
The Link2America Inc. team offers constant consulting and updates on visas, compliance, and international hiring strategies.
English