IMPORTANT TRAVEL WARNING: New $100,000 H-1B Fee May Restrict Entry of H-1B Workers

President Trump signed a Presidential Proclamation today imposing a supplemental fee on H-1B employers of $100,000. The fee only applies to H-1B workers seeking to enter the country, or for H-1B petitions filed for persons who are outside the country.  While the language of the Proclamation is not clear, it appears that the restriction applies to new petitions, as well as previously approved petitions. Persons entering or reentering the country with such approval will be required to provide evidence that the fee has been paid. Also not clear is whether the fee applies to each individual petition, or is a one time fee paid for by the employer to cover all of its petitions on an annual basis. 

The effective date of the Proclamation is set to be 12:01 AM ET, Sunday, September 21, 2025. (9:01 PM, Saturday, September 20, 2025.)

A summary of the key provisions of the Proclamation can be found at this link. 

What this Means for our Clients 

It is almost certain that the Proclamation will be challenged in court, and possibly enjoined within the next few days. 

Until we have further clarification on the scope of the Proclamation, we are recommending that persons in H-1B status who are planning to travel internationally contact our office prior to leaving the US. H-1B workers who are currently abroad, should consider returning to the US prior to the effective date of the Proclamation.  Our attorneys will be responding to emergency inquiries about travel from existing clients over the weekend. We expect that further clarification will be provided over the next few days, and will be publishing updated alerts as we obtain new information.