Publication
Presidential Proclamation Imposes $100,000 Fee Requirement for H-1B Visas
On September 19, 2025, President Trump issued a proclamation imposing new conditions on H-1B workers and their employers. The measure takes effect at 12:01 a.m. EDT on September 21, 2025, and will remain in place for 12 months, unless extended.
Key Provisions:
- Entry Prohibition: Foreign nationals may not enter the United States in H-1B status unless their petition includes or is supplemented by a $100,000 payment.
- USCIS Adjudications: USCIS must deny H-1B petitions filed on behalf of foreign nationals outside the United States unless the petition is accompanied by the $100,000 payment.
- Visa Issuance: The Secretary of State may issue H-1B visas only where the $100,000 payment has been made.
The Secretary of Homeland Security may grant exceptions where entry is deemed in the national interest and not detrimental to U.S. welfare or security. The proclamation also directs federal agencies to initiate rulemaking to raise prevailing wage levels for H-1B workers.
Legal challenges are anticipated. The full text of the proclamation is available on the White House website.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 17 locations throughout the United States and in Mexico, including Los Angeles, Orange County, Palo Alto and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno-Tahoe, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
