President Donald Trump on September 19. 20025, issued a Proclamation specifically for the H-1B skilled labor petition that affects new petitions and is in effect for one year. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. Eastern daylight time on Sept. 21, 2025. While U.S. Citizenship and Immigration Services (USCIS) is yet to issue specific implementing details, these key points stand
as they are until modified.

‍
The biggest concern is the restriction of entry or re-entry of any H-1B beneficiary into the United States without payment of a new $100,00.00 fee starting on September 21, 2025. It is still unclear whether this fee is per H-1B beneficiary or per petitioning employer, regardless of the number of total H-1B petitions.

‍
The entry restriction only applies to H-1B workers who attempt to enter the United States after the effective date and does not appear to impact H-1B workers already inside the country. However, it could impact those who subsequently leave and try to re-enter the U.S. in H-1B status during the effective period.

‍
The proclamation does not apply to any previously issued H-1B visas, or any petitions submitted prior to the time and date it takes effect. It 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 on submission of a new H-1B petition. It also does not prevent any holder of a current H-1B visa from traveling in and out of the United States, according to USCIS H-1B’s News Alert.

‍
USCIS also states that the U.S. Department of Labor is to revise and raise the prevailing wage levels required for these H-1B petitions, and USCIS is to prioritize the high-skilled and high-paid foreign workers over those at lower wage levels. Since these new changes to the H-1B program are still developing, stay tuned for more updates as they become available.