September 24, 2025

On September 19, 2025, President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”, introducing a $100,000 fee for many new H-1B visa petitions. The proclamation is part of a broader effort to tighten immigration policy, curb abuses in the H-1B program, and ensure that U.S. employers prioritize hiring skilled American workers.     Who Is Affected, Who Is Not It is critical to understand who must pay this hefty fee, and who is exempt. This helps clarify what international students, graduates, and workers should expect.  Who Must Pay New H-1B petitions filed after 12:01 AM Eastern Time on September 21, 2025, in which the beneficial worker is outside the U.S. and seeking to enter under H-1B status for the first time.   Employers sponsoring such H-1B applicants must ensure the $100,000 payment is included in the petition. Otherwise, the petition may be denied.   Who Is Exempt or Not Affected Current H-1B visa holders, including those inside the U.S. and those with valid status, are not required to pay this new fee. The fee does not apply to renewals or extensions for those already holding H-1B visas.   F-1 students / international students already in the U.S., including those doing Optional Practical Training (OPT) or transitioning from student status, are not impacted by the fee so long as they do not leave the U.S. and then re-enter under a new H-1B petition filed from abroad.   Approved petitions filed before the effective date or for beneficiaries already in H-1B status are exempt.   Key Provisions & Terms The proclamation imposes this $100,000 fee for a 12-month period, from September 21, 2025 to September 20, 2026, unless extended.   It restricts entry of H-1B nonimmigrant workers unless the employer has paid the fee as part of the visa petition/filing.   There is a “national interest exception”. The Secretary of Homeland Security (and related agencies) may determine that for certain individuals, companies, or entire industries, the fee should not apply if hiring is in the national interest and does not threaten U.S. workers’ welfare.   What the New Fee Is Not It is not an annual fee for existing H-1B holders. Several clarifications from the White House and USCIS have emphasized that the $100,000 charge is a one-time payment per petition for new petitions meeting the conditions above.   It is not retroactive to past petitions filed, or for people who already have H-1B status.   Why This Change?  According to the administration, the goals of this policy include:  Preventing abuse of the H-1B visa program, particularly by companies that sponsor many foreign workers at wages lower than what U.S. workers might accept.   Encouraging domestic hiring, i.e., training and employing U.S. workers in skilled occupations rather than relying on foreign labor imported under H-1B.   Protecting national security and welfare by ensuring stricter vetting and control over visas allowing entry of foreign specialty occupation workers.   Implications for International Students & Prospective H-1B Applicants Now, turning to the positive perspective—especially for international students, graduates, and those aiming for work after study:  If you are an international student in the U.S. (on an F-1 visa) or similar status and you graduate, do OPT, and then seek to change status to H-1B without leaving the country, this policy does not impose this $100,000 fee on you. That means your pathway from study to work remains much more viable and cost-stable than for workers abroad.   This distinction may encourage U.S. employers to consider hiring more domestic graduates (foreign students already in the U.S.). For students, this could mean more opportunities as employers may prefer applicants who do not trigger the $100,000 extra cost. This boosts the value of studying in the U.S. and completing degree programmes here.  For international students, this policy reinforces the importance and advantage of staying in the U.S. during the transition from student visa (F-1) to H-1B status, as well as making sure to understand visa rules, travel, and status changes carefully.  Potential Drawbacks & Concerns While the policy is designed to favor U.S. workforce protection, there are concerns:  The high fee may discourage some companies from hiring foreign skilled talent altogether, especially if they’re overseas. This could reduce options for firms needing very specialized skills not readily available domestically.  Uncertainty around how “national interest exceptions” will be granted. The criteria for those exceptions are not fully detailed yet, leading to potential ambiguity.  Possible legal challenges: critics argue that the executive branch may not have the authority to impose such steep fees without congressional approval.   Summary & Takeaway  In summary:  A new $100,000 fee per new H-1B petition for workers outside the U.S., starting September 21, 2025, is now required under the president’s proclamation.   Existing H-1B visa holders, international students already in the U.S., and petitions filed or approved before that effective date are exempt.   For international students who want to study in the USA with the hope of eventually working there via H-1B, the news has a silver lining. If you do your degree program in the U.S., follow visa rules closely, stay in status, use OPT (if applicable), and then transition to H-1B without leaving the country, you will not be burdened by the $100,000 fee. That gives a strong advantage to studying in the U.S. and completing your education here. It preserves the academic-to-professional pipeline for many foreign-born students dreaming of contributing in the U.S. job market.