Association Webinar Announced
Updated 9/24/2025 at 9:27 a.m. ET
Our Oct. 1 webinar—The $100,000 H-1B Fee: Breaking Down the Presidential Proclamation and Next Steps—will feature industry and legal experts and provide a practical overview of the proclamation and what it means for workforce planning, talent strategy, and compliance, potential legal challenges, and new regulatory changes.
Our Speakers Will:
- Break down the proclamation’s requirements, including the national interest exception.
- Explore potential legal challenges and areas of remaining uncertainty, despite guidance from the White House and the Department of Homeland Security.
- Discuss proposed rulemaking from the Department of Homeland Security on prioritizing higher-paid, higher-skilled applicants in the H-1B lottery and forthcoming changes from the Department of Labor on prevailing wage increases.
- Answer member questions and highlight outstanding issues. Submit your questions to ghoff@chro.org.
Important Resource:
New H-1B Visa Restrictions: An Overview (PDF) – Includes the basics, FAQs, and employer considerations.
White House Releases FAQ
Updated 9/21/2025 at 2:48 p.m. ET
The White House has released an FAQ on H-1Bs following the proclamation to help address ongoing questions. Notably, the FAQ states: “Additional reforms are also under consideration and will be announced in the coming months.” Member companies should remain attentive to these developments. The Association will continue to keep members informed as new information becomes available. Read the White House FAQ document.
In addition, Stuart Anderson, a senior contributor at Forbes and a panelist at the Association’s recent Fall Forum, published an article titled “Understanding Donald Trump’s $100,000 Immigration Fee on H-1B Visas.” The piece provides additional context and data on the proclamation’s potential impact. Read the full article on Forbes.
There’s also a new NFAP Policy Brief entitled “Analysis of Claims in the Presidential Proclamation on H-1B Visas” to which Stuart Anderson contributed. Read the policy brief.
DHS Offers Clarification
9/20/2025 at 8:44 p.m. ET
The Department of Homeland Security, through U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS), has issued memoranda clarifying that the Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, applies only to H-1B employment-based petitions filed after 12:01 a.m. ET on September 21, 2025. In other words, the proclamation applies only on a prospective basis to petitions that have not yet been filed. It does not apply to individuals who:
- are beneficiaries of petitions filed before the proclamation’s effective date,
- are beneficiaries of petitions that have already been approved, or
- currently hold validly issued H-1B nonimmigrant visas.
Read the CBP and USCIS letters.
President Trump Imposes $100,000 Fee on New H-1B Workers Starting Tonight
9/20/2025 at 2:30 p.m. ET
On Sept. 19th, President Trump issued a “Presidential Proclamation” that—starting 12:01 a.m. EDT on Sunday, September 21, 2025—bars new H-1B Visa applicants unless the employer has paid $100,000 for the sponsored worker.
There is currently some confusion about how broad the prohibition extends. Initially it was interpreted to apply to new H-1B workers and existing H-1B visa holders outside the U.S. as of 12:01 a.m.. Sunday, and to pending and future H-1B petitions for workers who are outside the U.S. All future H-1B applications will be contingent on the employer first paying the $100,000 fee. The proclamation was accompanied by a White House Fact Sheet.
However, in the last hour, Axios and Politico are both reporting that an anonymous White House official has clarified that the $100,000 fee will only apply to new applicants, not existing Visa holders or renewals. The White House has not issued an official clarification, but we understand that the Department of Homeland Security will issue additional guidance shortly stating that the $100,000 is a one-time fee that applies to new H-1B applicants only. We will monitor events and provide updates on our website as soon as clarification is received.
The action is premised on the assertion that “The large-scale replacement of American workers through systemic abuse of the program has undermined both our economic and national security.”
Immediate Action: To be safe, employers should focus on having workers authorized for H-1B visas return to the country by Midnight Eastern time tonight.
- H-1B workers should not leave the country ahead of the ban.
- Dependents on H-4 visas (who need to reenter with the H-1B visa holder) should likewise not leave the country.
- H-1B workers currently in the U.S. who leave will be prohibited from returning, absent the $100,000 fee and likely delays.
- Prohibit future travel outside the US for H-visa holders.
NOTE: the prohibition does not apply to L-visas.
Potential for Legal Challenge: It is expected that the proclamation will be challenged, but employers should not assume that the change will be suspended before it takes effect.
- A legal challenge would likely be centered on the President’s authority to impose such a visa fee without Congressional authorization or notice-and-comment rulemaking.
Enforcement: The Departments of Homeland Security and State will implement the proclamation.
- DHS has authority to grant exceptions to the ban for individual foreign nationals, all foreign nationals working for a particular company, or foreign nationals working in a specific industry, if such work is considered to be in the national interest and does not pose a threat to national welfare.
- The State Department is instructed to stop B-visa workarounds.
Rulemaking: DHS is instructed to begin a rulemaking process that prioritizes the highest paid and skilled foreign nationals. A DHS regulatory proposal could be published for comment very soon.
- The Labor Department is directed to begin rulemaking that increases the prevailing wage requirements applicable to the H-1B system.
One-Year Prohibition: The order runs for 12 months unless extended.
CHRO Association Action: The Association will be scheduling an emergency webinar this week to discuss the proclamations and any legal action. We will share updates on our website as we get them.
Resources:
