Last Updated on October 28, 2025 by MyHRConcierge

On September 19, 2025, President Trump issued a Proclamation that significantly alters the landscape for employers seeking to hire foreign workers through the H-1B visa program. This change introduces new financial and compliance considerations that employers and HR professionals must carefully evaluate. Below, we outline the key points, potential impacts and next steps for organizations that rely on global talent.

UPDATE as of 10/28/2025

President Trump has recently clarified that the new $100,000 H-1B payment requirement applies only to new petitioners for beneficiaries outside the U.S., not to current H-1B visa holders or those seeking extensions. The fee is a one-time charge, not annual, and the policy will remain in effect for 12 months beginning September 21, 2025, with potential extensions. A national-interest exemption allows DHS to waive the fee or entry restriction when justified. Employers planning new filings should budget accordingly and monitor further guidance, while existing H-1B holders face minimal immediate disruption.

Overview of the New Rule

The Proclamation, effective September 21, 2025, requires that any new H-1B petition for a foreign national outside the United States be “accompanied or supplemented” by a $100,000 payment. This requirement is in addition to existing H-1B filing fees and other costs employers already incur.

While framed as a measure to protect U.S. workers and prioritize higher-paid positions, the policy places a substantial new financial burden on employers- particularly those in industries that rely on specialized skills and international talent.

Who Is Affected by New H-1B Visa Petitions

Employers filing new H-1B petitions for workers outside the U.S. must now budget for the $100,000 fee. Foreign nationals abroad seeking entry under H-1B status after September 21, 2025, will not be admitted without a petition that includes this payment. The policy is set to last for 12 months but may be extended.

Notably, the rule does not apply to petitions filed before September 21, 2025. Current H-1B holders inside the United States are not directly impacted by the new fee.

Potential Exemptions and Ambiguities

The Proclamation allows for “case-by-case” national interest exemptions, though criteria remain unclear. Additionally, there is uncertainty regarding whether the fee applies to extensions or renewals for current H-1B holders, change-of-employer petitions within the U.S., or amendments and status adjustments for workers already residing in the country. Further guidance from USCIS and the Department of State is expected in the coming weeks.

Recommended Employer Actions

Employers should begin by auditing their workforce plans to determine which roles rely on new H-1B sponsorship and whether alternatives exist. They should also closely monitor guidance from USCIS, the Department of State, and DHS for clarification on applicability to extensions, transfers, or exemptions. Financial exposure should be carefully evaluated by factoring in the new fee when budgeting for future hiring. In some cases, alternatives such as remote work arrangements, other visa categories or upskilling domestic employees may provide viable solutions. Finally, employers must stay informed on legal challenges, as court rulings may alter the rule’s implementation.

Moving Forward as an Employer in a Changing Immigration Landscape

The Trump administration’s new H-1B requirement represents one of the most significant shifts in employment-based immigration policy in recent years. Employers and HR professionals must move quickly to understand the implications, adjust compliant hiring strategies and prepare for potential changes as legal and regulatory challenges unfold.

Staying proactive will be critical to minimizing disruption and ensuring your organization remains competitive in an increasingly complex global talent market.

For more information on how we can support your compliance efforts, contact MyHRConcierge today at ccooley@myhrconcierge.com, 855-538-6947 ext. 108, or, schedule a free consultation below:

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