On September 19, 2025, President Trump issued a Proclamation restricting entry for new H-1B visa holders. This action has raised alarm among US employers, foreign professionals, and international graduates hoping to secure H-1B visas. As an immigration law firm, we explain below what the proclamation does, how it impacts current and future H-1B workers, and what alternatives exist for those seeking to work in the United States.
Key Takeaways from the H-1B Proclamation
- New $100,000 supplemental fee: Employers must now pay this one-time fee for each new H-1B petition for workers outside the U.S.
- Current H-1B holders unaffected: The proclamation does not apply to extensions, renewals, or travel for those already in valid H-1B status.
- Timing: The policy takes effect September 21, 2025 and applies first to the next H-1B lottery cycle.
- National interest exceptions: DHS may waive the restriction for cases critical to US national security or welfare.
White House Clarification
To clear confusion, the White House confirmed:
- The $100,000 fee is not annual, but one-time per petition.
- Current H-1B visa holders abroad are not required to pay this fee for re-entry.
- The rule applies only to new H-1B visas and not renewals or amendments.
Impact on Employers and H-1B Workers
- Employers: Recruiting new foreign talent will become significantly more expensive. Employers should evaluate whether roles justify the surcharge or whether visa alternatives may be more cost-effective.
- Current H-1B employees in the U.S.: Status and work authorization remain valid. Extensions and amendments can proceed as usual.
- Graduates and foreign professionals abroad: New entries will be subject to the $100,000 fee unless exempted under the national interest waiver.
Alternatives to the H-1B Visa
If the H-1B is now less viable, other work visa options may provide a path forward:
- O-1 Visa (Extraordinary Ability): For professionals with strong achievements in STEM, business, or the arts.
- L-1 Visa (Intra-Company Transfers): For employees of multinational corporations moving to US offices.
- E-2 Visa (Treaty Investor/Employee): Available for nationals of treaty countries investing in US businesses.
- TN Visa (Canada & Mexico under USMCA): For listed professional occupations, often faster and less costly.
- Employment Based Green Cards (EB-1, EB-2, NIW, EB-3): In some cases, skipping H-1B altogether and moving directly toward permanent residency is more strategic.
Immigration Lawyer Advice: What To Do Now
- Stay calm: The proclamation does not cancel current visas.
- Plan strategically: Employers should review staffing plans for 2026 and consider budgeting for the fee or pivoting to alternatives.
- Evaluate alternatives early: Certain categories like O-1 or L-1 may fit better for highly skilled workers.
Take Action Now to Protect Your Immigration Future
This proclamation represents one of the most significant restrictions on the H-1B program in recent years. While current H-1B holders are safe for now, new applicants face steep financial hurdles. Employers and workers should evaluate their options, consider H-1B alternatives, and work closely with experienced immigration attorneys to protect their ability to live and work in the U.S.
Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We can help you determine whether the H-1B is still right for you or whether alternatives like O-1, L-1, E2 or EB1, EB2 or EB3, EB4 or EB5 green cards are a stronger strategy for your future.