(UNITED STATES) A sweeping new policy targeting the H‑1B visa program took effect at 12:01 a.m. Eastern Time on September 21, 2025, after President Trump signed a Presidential Proclamation on September 19 that:
- Adds a one‑time $100,000 fee to any new H‑1B petition for a worker outside the country, and
- Restricts entry for certain H‑1B applicants.

The order is currently set to run for one year, unless the White House extends or changes it. The proclamation does not apply to people who already hold valid H‑1B visas or to H‑1B workers with approved petitions dated on or before September 20, 2025, according to guidance shared by senior officials.
As the new rules rolled out, H‑1B professionals rushed to return to the United States before the deadline. Some paid as much as $8,000 for last‑minute flights amid fears of being blocked from re‑entry or that employers would abandon sponsorship plans because of the new cost.
Immediate effects and practical uncertainty
The immediate impact is stark for employers and workers planning cross‑border moves this fall.
Any U.S. company that wants to bring a new H‑1B professional from abroad must now factor in the $100,000 fee for each qualifying petition filed on or after September 21. The Department of Homeland Security (DHS) and the Department of State (DOS) have been instructed to verify payment of this supplemental fee before approving a new H‑1B visa application or petition.
Yet, as of September 21, agencies had not published an official process for how to pay the fee, leaving corporate counsel and foreign nationals in a holding pattern. That uncertainty has:
- Pushed employers to pause start dates and consider shifting roles to other countries.
- Left workers outside the United States with stalled plans until payment instructions arrive.
Who is and isn’t affected
Officials drew a clear line between those already in the H‑1B system and those seeking entry now.
- Not subject to the proclamation:
- Current H‑1B visa holders.
- Individuals with H‑1B approvals in hand as of September 20, 2025.
- These people may travel and re‑enter as before, based on confirmations from the White House Press Secretary and the USCIS Chief Counsel.
- Subject to the proclamation:
- New H‑1B petitions filed on or after September 21, 2025 for workers who are outside the United States at the time of filing.
- These petitions require the one‑time $100,000 fee (per petition) before DHS or DOS will approve them.
USCIS and Customs and Border Protection (CBP) officers were directed to adjudicate under this guidance. Still, universities and immigration lawyers reacted by advising H‑1B employees abroad to return immediately if possible and to avoid unnecessary international travel until the government clarifies payment and consular procedures.
Human impact and last‑minute rush
Behind the legal text lies a tense human story.
In the two days before the effective date, global mobility managers scrambled to rebook flights, cancel trips, and pull people back on short notice. Several H‑1B professionals, worried about being locked out or being subject to the new fee, rushed to U.S.‑bound flights, sometimes routing through multiple countries.
Common themes:
- Unexpected costs — reports of individuals spending $8,000 or more on airfare to beat the clock.
- Some arrived just hours before the order took effect, exhausted but relieved.
- Others missed the cutoff and now must wait for payment procedures or rethink sponsorship plans.
VisaVerge.com analysis shows the proclamation is already reshaping hiring timelines and company budgets across tech, higher education, and healthcare.
Key policy details (summary)
- Scope:
- Restriction applies to any new H‑1B petition filed on or after September 21, 2025 for someone outside the U.S. at filing.
- The $100,000 fee is a one‑time charge per petition.
- Does not apply to H‑1B extensions or amendments for workers already in the country.
- Does not apply to those with a valid H‑1B visa or an approved petition by September 20.
- Agency requirements:
- DHS and DOS must confirm fee payment before approving a new H‑1B visa or petition.
- No payment mechanism had been published as of the effective date, creating a procedural freeze for new cross‑border filings.
Practical impacts unfolding now
- Individuals abroad without a current H‑1B visa as of September 20 face major barriers unless employers pay the fee once payment instructions exist.
- International travel for visa processing and renewals is heavily affected for those who do not hold a current H‑1B visa.
- Employers must add the supplemental fee to budgets for new hires from overseas.
- The reach to cap‑exempt cases (e.g., many universities and research centers) remains unclear; lawyers expect court challenges.
Official clarifications: The White House Press Secretary and USCIS Chief Counsel stated that current H‑1B visa holders are not affected. USCIS and CBP have directed officers to follow that guidance.
Impact on workers and employers (expanded)
For individuals already working in the United States on H‑1B status:
- The proclamation does not add costs to extensions or amendments for people already in the country.
- Current H‑1B holders can travel and return under usual rules, but lawyers advise avoiding optional travel until consulates and ports of entry provide stable guidance.
- Employers have issued internal memos telling employees to check with counsel before booking international trips.
For those outside the United States without a valid H‑1B visa or approval dated by September 20:
- The path is effectively blocked until employers can pay the $100,000 supplemental fee and agencies publish payment verification procedures.
- Even willing employers cannot finish filings until there is a mechanism to show proof of payment.
- Some firms are weighing remote work, deferring start dates, or filling roles with candidates already in the U.S.
Employer budget impact:
- Total cost of a cross‑border hire now includes base legal/filing fees, relocation, and the $100,000 supplemental charge.
- Larger companies may be able to absorb the cost for niche roles; smaller firms, startups, and mid‑sized employers face difficult choices.
- Universities and research labs—often cap‑exempt—are uncertain about how the proclamation treats cap‑exempt categories.
Legal and political pushback
- Universities, tech companies, and trade groups are considering lawsuits and policy outreach to seek exemptions or clarifications.
- Lawmakers have received complaints from affected businesses and institutions in their districts.
- Litigation could lead to temporary blocks, changes, or narrowed application of the proclamation, but there is no set timeline.
Practical steps for people and employers
If you hold a valid H‑1B visa or had an approved petition as of September 20, 2025:
- You are not subject to the $100,000 fee under current guidance.
- You may travel and re‑enter as before, but consider limiting optional trips until agencies issue further details.
- Carry proof of your visa or approval date when traveling.
If you are outside the United States without a valid H‑1B visa as of September 20:
- Your employer must pay the $100,000 supplemental fee with any new H‑1B petition filed on or after September 21, once the government publishes the payment method.
- Watch for DHS or DOS instructions—approvals cannot move forward until payment is confirmed.
If you represent an employer:
- Review hiring plans and budgets to include the supplemental fee for any new overseas hires.
- Track policy updates, especially about cap‑exempt roles at universities or research institutions.
- Monitor potential lawsuits that could alter the scope, and provide clear internal guidance to employees about travel, start dates, and documentation.
Other process shifts and related changes
- A limited domestic renewal pilot for certain H‑1B holders remains available, allowing some renewals inside the U.S. rather than traveling abroad for consular stamping.
- Recent changes to Child Status Protection Act (CSPA) calculation rules as of August 15, 2025 may also affect family timing and long‑term planning.
- These and other small updates continue to ripple through schooling, housing, and immigration timelines.
On‑campus and corporate responses
- International offices advised faculty, postdocs, and staff abroad to return to the U.S. and postpone non‑essential travel.
- New offers to overseas candidates now include disclaimers about fee exposure and timing.
- Supervisors are revising schedules, reassigning duties, and trying to cover delayed arrivals.
- Corporate legal teams are:
- Pressing ahead with domestic transfers where possible.
- Shifting work to offshore centers until the payment system is set up.
- Planning to pay the fee only for roles with clear revenue or research returns.
Critics say that playing this cost/benefit game leaves public‑interest work, early‑career growth, and lower‑paid essential roles behind.
Broader debate and likely next steps
- Supporters argue the policy focuses the H‑1B program on higher‑earning, top‑tier roles and deters perceived misuse.
- Opponents say the fee is a blunt instrument that does not map neatly onto merit and could push skilled workers to competitor countries (Canada, UK, EU).
- Universities emphasize that research ecosystems depend on steady global talent flows, and blocking access harms students, labs, and industries.
For clarity to arrive, DHS and DOS must:
- Publish the payment system and instructions for the $100,000 fee.
- Explain how adjudicators and consular officers will confirm payment.
- Detail USCIS procedures for filings for people abroad.
Until then, hiring from outside the United States will remain largely on hold.
Travel planning and documentation
- Immigration lawyers recommend that those exempt under the September 20 cutoff carry documentation of their visa or approval dates when flying.
- Those not exempt should think carefully about alternatives, such as waiting for the payment process or seeking roles that do not require cross‑border moves.
- Families planning trips face hard decisions—many are choosing to stay in place for now.
Official resources
Monitor official updates and program guidance at the USCIS H‑1B hub:
This remains the most reliable federal site for H‑1B policy updates and related instructions, even if supplemental fee details are not yet posted.
Bottom line and outlook
- Confirm whether you fall within the exemption for current H‑1B visa holders and approved petitions dated on or before September 20.
- Watch for official instructions on how to pay the $100,000 fee if you are outside the country.
- Build extra time into hiring and travel plans, update budgets, and keep employees informed.
The past few days showed how fast policy can reshape lives: from airport halls to HR desks, last‑minute calls and costly tickets became the norm as the H‑1B community tried to beat a deadline. That urgency may ease as agency instructions and court filings arrive, but the financial weight of the proclamation will continue to shape who gets hired from abroad and when. Whether the United States keeps or loses certain skills over the next year may depend less on talent than on who can afford the new price tag—and how quickly the government builds a system to collect it.
This Article in a Nutshell
A Presidential Proclamation signed Sept 19, 2025, took effect at 12:01 a.m. ET on Sept 21, imposing a one-time $100,000 fee on new H-1B petitions filed for workers outside the United States and restricting entry for certain applicants. The order runs for one year unless changed. It exempts current H-1B visa holders and petitions approved on or before Sept 20, 2025. DHS and DOS were instructed to verify payment before approving petitions, but agencies had not published a payment mechanism by the effective date, stalling new cross-border filings. The announcement triggered a surge of last-minute travel, increased costs for employers and workers, and immediate uncertainty for hiring in tech, academia, and healthcare. Employers must now factor the supplemental fee into budgets, while universities and trade groups consider legal challenges. Guidance and payment procedures from DHS and DOS are needed to resolve the freeze on approvals and clarify treatment of cap-exempt cases.