The mission to really put into practice the proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” which was issued by President Trump on September 19, 2025, took effect at 12:01 a.m., Eastern time on 21 September 2025. One of those requirements is that employers pay a one-time fee of $100,000 for every new H-1B petition filed by foreign nationals seeking entry to the United States. Once again, this fee has a large leap from the previous fee of between $2,000 and $5,000, varying with an employer’s company size.
The fee is to be applied only on base new H-1B petitions that are initiated on or after September 21, 2025, including those entries for the new lottery process for 2026 as well as any other new filers. However, existing holders of H-1B visas face absolutely no change upon declaration. Applicants can still traverse in and out of the United States without submitting extra fees. To know what a H-1B visa is, read this article, H-1B visa: what it is, instructions, who can apply for it, when to use it and how long it takes for the special work document to arrive in the U.S.
Prevailing wage increases and program reform
Beyond the fee structure, this proclamation of Trump significantly changes the wage requirements themselves. The Department of Labor had been directed to introduce and improve the prevailing wage levels to “upskill the H-1B program so that temporary foreign workers of highest caliber actually fill positions in it”. This would prevent firms from importing H-1B employees at below-market prices compared to their American counterparts.
The new rule that has been instructed by the DHS to transform the current random lottery system into a wage-based selection process-that will favor applicants from positions with higher salaries and not just developed randomly.
Impact on current holders of visa and travel
It is clarified by the U.S. Citizenship and Immigration Services that existing H-1B visa holders need not be charged under this new requirement when re-entering the United States. The striking uncertainty revolving around this initial ruling put current visa holders under advisement by lawyers and employers to postpone international travel. Such major corporations as Microsoft, Amazon, and JPMorgan Chase sent alarming messages to H-1B travel holders warning them to come back immediately.
The White House later cleared the air by stating that current H-1B visa holders are permitted to travel internationally under the proclamation as noted here, Confusion over H-1B visa: White House forced to clarify rules over new $100,000 fee. Uncertainty surrounding this proclamation caused widespread panic among workers impacted.
National interest exceptions and waivers
Provisions of this proclamation include national interest exceptions that give the Department of Homeland Security discretionary waivers of the fee of $100,000, depending on individual cases. According to the fact sheet released by the White House, exceptions for these waivers might apply to workers who are “in the national interest of the United States”-that is, who do not threaten safety or welfare-but no formal method to implement such waivers becomes available.
Setting the Trump Gold Card scheme
At the same time along with the above reform on the H-1B visa restrictions, President Trump announces the “Trump Gold Card” program, which is intended to draw foreign investors who have plenty to spare. A nominal fee of $1 million makes the Gold Card fast track a person’s entry into residency in the U.S. or a corporation’s cost of $2 million per sponsored employee as posted by the U.S. Commerce Department. There is also a special “Trump Platinum Card” option requesting a $5 million investment for up to 270 days in the U.S. annually but without U.S. tax obligations on foreign income.
The Gold Card program is essentially designed to forthwith replace the current EB-1 and EB-2 visa categories for persons of extraordinary ability, focusing on replacing them with high-net-worth investors instead of traditional employment-based visas.
Industry response and economic effect
Indeed, the announcement has raised anxiety levels in the technology and financial services industries that heavily rely on H-1B holders. By June 2025 alone, Amazon had more than 14 000 H-1B’s, while Microsoft’s scorecard indicated that clients such as Meta, Apple, and Google also had more than 4 000 such visas. Industry experts expect that the $100,000 fee will make companies much more selective about H-1B sponsorship, keeping applications open only for roles of significant value to the business.
These limitations introduced by recent regulations create the worst challenges for Indian IT companies historically supposed to have dominated H-1B applications where about 71% of approved visas in the year 2024 went to Indians. Offshore delivery of service would now be stepped up and increased hiring of citizens and permanent residents vis-a-vis offshore staffing significantly achieved.
Future implementation and legal fracas
The proclamation remains in effect up until September 21, 2026 unless the earlier date is extended or revisited. Immigration attorneys expect multiple legal challenges to the new set of rules due to the negative implications they carry on the congressional intent concerning the H-1B program. It would be the most dramatic change in the skilled worker program in decades through the massive amount imposed along with the wage-based selection criterion.
This fundamentally alters how American companies interact with global talent. There is more to be done, such as more adjustments to the lottery system and expansion of enforcement audits. Thus, it signals the commencement of long changes to the entire H-1B program.
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