Original Date Announced

President Trump issued a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers," restricting entry under INA 212(f) and 215(a) for H-1B nonimmigrants whose petitions are not accompanied or supplemented by a payment of $100,000. The restriction applies to H-1B visa holders who enter or attempt to enter the United States after September 21, 2025, and will apply to all petitions submitted for 12 months.

The proclamation additionally restricts for 12 months decisions on petitions not accompanied by a $100,000 payment for H-1B workers who are currently outside the country.

Both of the above restrictions may not be applied to an individual noncitizen, all noncitizens working for a company, or all noncitizens working in an industry if the Secretary of Homeland Security determines that the hiring of such H-1B specialty occupation worker(s) “is in the national interest and does not pose a threat to the security or welfare of the United States.”

Trump 2.0 [ID #1980]

Subsequent Trump and Court Action

2025.09.19 White House: H-1B Fact Sheet

The White House released a fact sheet on the proclamation. It notes that the guidance applies to H-1B petitions filed on or after September 21, 2025 and that case-by-case exemptions may be made in the national interest.

Subsequent Trump and Court Action

2025.09.20 USCIS - Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, H-1B

USCIS issued a memorandum purporting to clarify the proclamation described above. The memo states that the proclamation "only applies prospectively to petitions that have not yet been filed." It does not apply to noncitizens who "are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas," and does not impact the ability of current H-1B visa holders to travel into or out of the United States.

Subsequent Trump and Court Action

2025.09.20 CBP H-1B Memo

CBP tweeted publicly this internal memorandum implementing the H-1B proclamation, stating that the proclamation applies only prospectively to H-1B petitions that have not yet been filed.

Subsequent Trump and Court Action

2025.09.21 DOS: H-1B FAQ

DOS released an FAQ clarifying the parameters of the proclamation. The FAQ states that the Proclamation will only apply to new H-1B visa petitions submitted after 12:01 am ET on September 21, 2025. It also clarifies that the proclamation does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 am ET on September 21, 2025; is a one-time fee on submission of a new H-1B petition; and does not prevent any visa holder of a current H-1B visa from traveling in or out of the United States.

Subsequent Trump and Court Action

2025.09.22 USCIS: H-1B FAQ

USCIS issued an H-1B FAQ alert purporting to further clarify the proclamation described above. According to the alert, the proclamation “does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee applied upon submission of a new H-1B petition." The proclamation also “does not prevent any holder of a current H-1B visa from traveling in and out of the United States." However, USCIS may continue to change the H-1B program by raising the prevailing wage levels and prioritizing high-skilled, high-paid workers in the H-1B lottery.

Subsequent Trump and Court Action

2025.10.03 Complaint - Global Nurse Force v. Trump

A group of organizations consisting of a healthcare business, labor unions, workers, religious organizations, and schools filed suit to challenge the Proclamation’s new fee requirement for H-1B visa applications. The suit alleges that President Trump, in unilaterally imposing the $100,000 fee, “disregarded [the Constitution’s] limitations, asserted power he does not have, and displaced a complex, Congressionally specified system for evaluating petitions and granting H-1B visas.” The complaint further alleges that agencies violated the Administrative Procedure Act by exceeding their statutory authority, bypassing required regulatory processes, and failing to consider the fee’s harms. Global Nurse Force v. Trump, No. 3:25-cv-08454 (N.D. Cal.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.10.16 Complaint - Chamber of Commerce v. DHS

The U.S. Chamber of Commerce filed suit to challenge the Proclamation’s new fee requirement for H-1B visa applications. Plaintiffs claim the Proclamation exceeds the Executive branch's authority under the Constitution and the laws of the United States and that the implementation violates the APA. Chamber of Commerce of the United States v. DHS, No. 1:25-cv-03675 (D.D.C.).

**Link to case here. See litigation disclaimer above.**

Subsequent Trump and Court Action

2025.10.20 USCIS - H-1B Specialty Occupations

USCIS published new information online to clarify the impact of the proclamation. The webpage states that the $100,000 fee applies to all petitions filed on or after September 21, 2025 that (1) are on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa; (2) request consular notification, port of entry notification, or pre-flight inspection for a noncitizen in the United States; or (3) request a change of status or amendment or extension of stay and USCIS determines that the noncitizen is ineligible for a change of status or an amendment or extension of stay.

The fee does not apply to previously issued and currently valid H-1B visas; petitions submitted prior to September 21, 2025; petitions requesting a change of status, amendment, or extension of stay that are approved by USCIS; or to any noncitizen who departs the United States, applies for a visa based on a previously approved petition, and seeks to reenter on a current H-1B visa.

The webpage restricts the proclamation's "national interest" exception to the fee by stating that they must be "extraordinarily rare" and involve a determination by the Secretary that, among other things, "no American worker is available to fill the role" and that "requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States."