Trump Administration Imposes an Additional $100,000 Fee on H-1B Visas

By: Mishita Jethi

On September 19, 2025, President Trump signed a proclamation that aims to restrict entry into the United States of certain foreign workers, in particular those seeking H-1B visas, unless their petitions are accompanied by a payment of $100,000. This fee is expected to be in addition to the already mandated fee for H-1B petition filings. While the proclamation appears to have been signed, Department of State (DOS), Department of Homeland Security (DHS) or Department of Labor (DOL) have not issued any regulations or guidance enforcing the above proclamation. 

Key Details of the Proclamation:

• New fee: Employers will be required to pay an additional $100,000 fee when filing a new H-1B petition for a foreign national currently outside the U.S.
• Applicability: It appears that any in-country extensions or changes of status are currently exempted (pending further guidance from any agency) from this fee.
• National Interest Exemptions: The White House has directed the DHS to use its discretion to issue exemptions to individuals, companies, or entire industries from this fee, if DHS deems it to be in national interest. National interest has not been defined in the proclamation.
• Amending Prevailing Wage Levels: The White House has directed DOL and DHS to initiate rulemaking to revise prevailing wage levels consistent with the goals of the Trump Administration to prioritize admitting highly-skilled/ highly paid workers.
• Additional Travel Screening: For H-1B cap petitions set to have a start date of October 1, 2025, DHS has been directed to prevent any B visa misuse. Tighter travel scrutiny is expected for foreign nationals with approved H-1B petitions entering on B-1 visas.

The proclamation is currently set to last 12 months from the effective date, unless thereafter extended.

Legal challenges to this proclamation are anticipated, and a nationwide injunction could delay or limit implementation.

The Chugh, LLP immigration team is closely monitoring the situation and will continue providing updates as and when any agency guidance or rulemaking is issued. For any further questions relating to this alert, please contact your trusted Chugh, LLP attorney.