H-1B program overhaul: New $100K fee and increased enforcement

On September 19, 2025, the Trump administration issued a presidential proclamation imposing new restrictions on H-1B visa holders seeking to enter the United States. Subsequently, additional clarification was provided by the U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) on September 20, followed by a Department of State (DOS) H-1B FAQ on September 21. These changes reflect this administration’s stated goal to prevent misuses of the H-1B visa program.

What is changing?

Under the proclamation, and based on the USCIS, CBP, and DOS clarifications, effective 12:01 a.m. EDT on September 21, 2025, and continuing through September 21, 2026 (unless extended), any new H-1B petition filed on or after the effective time must be accompanied by a $100,000 onetime up-front payment.

This requirement applies to all new H-1B petition filings, including the fiscal year (FY) 2027 H-1B lottery, but doesn’t affect petitions filed or approved before September 21, 2025; previously issued H-1B visas (if a visa is required); or "H-1B renewals" in the United States. The federal government is expected to make a recommendation in spring 2026 to extend or renew the $100,000 payment requirement beyond one year.