On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers, which imposes a $100,000 fee on H-1B workers seeking to enter or reenter the United States. The proclamation takes effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and is set to remain in place for one year unless extended. Legal challenges to the proclamation are anticipated, and its scope and duration may ultimately be shaped by the courts.

The restriction applies to H-1B workers who are outside the U.S. and attempt to enter after the effective date. It does not appear to affect individuals already in the U.S. maintaining lawful H-1B status, nor extensions, change of employer, or amended petitions filed within the U.S. However, the measure could impact those who depart and attempt to reenter during the effective period. Additional guidance from the Department of Homeland Security and the Department of Labor is expected in the weeks ahead.

The administration states that the primary goal of this change is to reduce misuse of the H-1B program by discouraging companies from hiring foreign workers at lower wages than American workers might accept, while encouraging sponsorship of higher-paid, “high-value” roles. Supporters argue this approach protects U.S. workers and ensures the program is used as intended. Critics, however, warn that such a steep fee and stricter wage rules could limit access to global talent and slow innovation in critical sectors such as technology, research, and healthcare.

Key Considerations:
• Employers may wish to review immigration planning more broadly, including sponsorship timelines, extensions, and workforce mobility, to anticipate how potential costs or restrictions could affect their business.
• Employees should note that while current H-1B status inside the U.S. remains valid, those who are abroad or considering travel may be directly impacted by the new reentry restrictions. Planning immigration steps early may provide more flexibility if rules change.
• The proclamation provides for possible exceptions if DHS determines that a particular individual, company, or industry serves the national interest. The scope of these exceptions has not yet been defined.

Heckler Law Group has decades of experience helping employers and employees navigate complex immigration challenges. This proclamation highlights the value of advance planning — whether for sponsorship, extensions, transfers, or travel. We are available to discuss strategies tailored to your needs.