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Does New Presidential Proclamation Require $100,000 for New H-1B Workers?


Does New Presidential Proclamation Require $100,000 for New H-1B Workers?

Effective from September 21, 2025

On September 19, 2025 , the President issued a Proclamation that:

  • Temporarily suspends decisions on new H-1B applications , and

  • It prohibits the entry of certain H-1B workers


👉 Unless a mandatory fee of $100,000 is paid.

The measure came into effect on September 21, 2025 at 12:01 am EDT for 12 months , with the possibility of extension.

Initially it appeared to apply to all H-1B visas outside the country, but the government clarified that it only applies to new applications submitted on or after September 21 .


👤 Who Does It Affect?

  • People outside the U.S. who file an H-1B petition for the first time on or after September 21, 2025.

  • People who apply for tourist visas , but who already have an approved H-1B petition .


🛑 If You Are Arrested – Your Rights


🚫 Who is NOT affected?

  • H-1B petitions filed before September 21, 2025 .

  • People with a valid H-1B (can continue traveling).

  • Extensions, amendments, or employer changes for those already in the U.S. with H-1B status.


💵 What Does the Proclamation Require?

  • Mandatory payment of $100,000 with each new H-1B petition.

  • Proof of payment required at the consulate or port of entry .

Without proof, the issuance of a visa or entry to the U.S. will be denied .


🔍 Are there exceptions?

The Proclamation allows for exemptions for “national interest” , potentially for:

  • Specific individuals,

  • All employees of certain companies,

  • Complete industries.

⚠️ There is still no official guidance on how to apply for these exemptions.


🧭 What Should H-1B Workers and Employers Do?

Do NOT file new H-1B petitions or make travel plans without first consulting with an immigration attorney .

🔗 More official information:


ℹ️ Final note

This brochure is for informational purposes only and does not replace legal advice.

📩 Do you need help with your immigration case?

Contact us and receive personalized legal advice .

🏢 Santiago Legal LLC Your trusted partner in immigration law 📍 Based in the United States – Serving clients nationally and internationally 🌐

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