H-1B Visa Program Updates Cause Chaos and Confusion

Immigration attorneys were left scratching their heads after a recent Presidential Proclamation was introduced over the weekend. The proclamation presented major changes to the H-1B visa program, effective September 21, 2025. Deciphering those changes has been a struggle for many, and the only clear thing about this update is that this administration wants to create chaos and confusion.

What's Changing?

For any new H-1B petition filed after 12:01 a.m. EDT on September 21, 2025, including those submitted as part of the 2026 H-1B cap lottery, a $100,000 payment will be required at the time of submission. This applies to candidates currently outside the U.S. and potentially those in U.S. who are applying for an initial H-1B visa.  

According to the proclamation, beneficiaries of these H-1B petitions will be restricted from entering the U.S. unless they are “accompanied or supplemented by” a $100,000 payment.  

The $100,000 fee is intended to be a one-time payment for new H-1B applicants. As of today (September 23, 2025), there is no way to pay the fee.

The changes above will remain in place for 12 months, with the possibility for renewals. 

What Stays the Same? 

The new fee does not apply to H-1B petitions filed or approved before September 21, 2025, and does not impact current H-1B visa holders or renewals.  

There are no restrictions on travel for those already holding a valid H-1B visa.However, we may see inconsistencies and confusion at the U.S. border and consulates as officers work to implement these changes in the days ahead. For this reason, H-1B holders should continue to avoid international travel until further notice. If urgent travel is needed, these employees should notify their employers and legal teams for guidance before they leave the U.S. 

What's Next?

Prevailing wages are expected to change: The Department of Labor (DOL) is expected to raise prevailing wage levels for H-1B positions, and the DHS will look to prioritize high-skilled, higher-paid candidates in future lotteries. 

This proclamation also highlights several potential inconsistencies at the U.S.border, U.S. consulates, and USCIS. Given the nuances of the H-1B program and the proclamation’s broadly worded language, government agencies like theDepartment of State (DOS) and other administration officials have issued clarifying guidance over the weekend.Additional guidance or exemptions may be announced in the days ahead but, as referenced above, H-1B visa holders should avoid international travel and prepare for possible inconsistencies with how the proclamation is implemented by government agencies.     

Given this unprecedented move by the Trump administration, we anticipate lawsuits will be filed challenging these changes. 

If you have upcoming plans to sponsor H-1B employees, especially those abroad, please factor in these new requirements to your timeline and budget.  

We’ll continue monitoring for updated guidance and implementation details and will keep you posted as more information becomes available. Follow along here and never miss an update.

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