Author: Attorney Jian Joe Zhou

On September 19, 2025, President Trump issued a proclamation restricting the entry of individuals seeking admission to the United States in H-1B status unless they pay a new $100,000 fee. The proclamation takes effect at 12:01 a.m. on Sunday, September 21, 2025.

Because re-entry is legally considered “entry,” the proclamation applies both to individuals seeking admission in H-1B status for the first time and to those attempting to re-enter the U.S. on an H-1B visa after international travel. The proclamation does not specifically exempt re-entry.

The American Immigration Lawyers Association (AILA) has confirmed this interpretation.

Payment Procedures Unclear

At this time, there are no published details on how to pay the $100,000 fee, even for those willing to do so. Further guidance from the Department of Homeland Security (DHS) and the Department of State (DOS) is awaited.

Scope of the Proclamation

The proclamation applies to:

• Individuals outside the United States seeking admission in H-1B status.
• H-1B petitions filed with USCIS for workers who are currently outside the U.S.

The proclamation does not indicate that the fee applies to beneficiaries who are already inside the United States, including those:

• Seeking an H-1B extension of stay.
• Filing an H-1B amendment.
• Changing employers while in H-1B status.
• Pursuing concurrent H-1B employment.
• Requesting a change of status to H-1B from another valid nonimmigrant category (e.g., F-1), provided they are already within the U.S.

Final Notes:

We advise those who are in the US in H-1B status do NOT travel out of the US until the implementation rules for the proclamation is published.  Due to the hefty new $100,000 fee, H-1B foreign workers are advised to consult with an experienced attorney before making any travel plan out of the US.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

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(09/20/2025)