As you may be aware, last night the Trump Administration issued a Proclamation that will impact H-1B workers starting this Sunday, September 21 at 12:01AM.
While we do not yet have much information about how this will be implemented, here are some tips on how to deal with the fallout of the proclamation in the meantime;
- H-1B-sponsored employees who are currently outside of the United States should make all efforts possible to return to the U.S. today, before the effective date of the proclamation [12:01 a.m. EDT Sunday, September 21, 2025].
- Travel outside of the U.S. for visa processing/renewals will be impacted so H-1B workers should refrain from all international travel until the implementation of the proclamation is further clarified.
We are awaiting further guidance as to whether the $100,000 fee will apply to those who already have an H-1B approval or who have an H-1B petition pending. According to unofficial additional guidance, the $100,000 additional fee would only apply to new H-1B filings under next year’s H-1B cap registration lottery. There may be exemptions for H-1B workers whose work is in the national interest but this is not clearly defined.
It is important to note that Congress, not the executive branch, has the power to set visa fees. By imposing an additional $100,000 visa fee, the Proclamation bypasses Congress’ exclusive authority to regulate immigration fees.
For that reason, legal challenges are already being prepared but it is impossible to predict what the Courts will do.
In short, there is good reason to expect strong legal opposition to the Proclamation and possible court orders including injunctions limiting or halting enforcement.
We will continue to provide you with additional guidance and updates as we receive more information.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.