On September 19, 2025, President Trump signed a Proclamation directing the Department of Homeland Security and the Department of State to restrict the entry of certain foreign workers using the popular H-1B visa, unless the workers’ employer first pays the government $100,000. In a separate move on September 24, the government released proposed regulations that would discard the H-1B lottery’s random selection process and replace it with a weighted system favoring highly paid workers. The Proclamation, officially titled the “Restriction on Entry of Certain Nonimmigrant Workers,” and the proposed changes to the H-1B lottery are likely to face immediate legal challenges. Here is what employers need to know about this rapidly changing situation.
Key Details
• The Proclamation requires the $100,000 payment for new H-1B visa petitions submitted on or after September 21, 2025.
• The Proclamation does not apply to previously issued H-1B visas and does not change the fees for H-1B renewals.
• The Proclamation does not prevent current H-1B visa holders from traveling outside the United States or returning from international trips.
• Separately, the Proclamation instructs the Department of Labor to revise regulations regarding the minimum wage (called the “prevailing wage”) that employers must pay H-1B workers, ensuring that the regulations prioritize admitting high-skilled and high-paid foreign workers.
• The proposed changes to the H-1B lottery would modify the selection process that determines which employers can petition for one of the 85,000 H-1B visas available each year.
• Under the proposed rules, entrants into the lottery would be weighted based on the wage level of the position. Those with higher wages would have a greater chance of being selected.
Current Recommendations
Following the Proclamation, the Administration has issued several guidance documents, but some uncertainties remain. Most notably, it is unclear whether the $100,000 fee will apply to employers seeking to employ workers already in the United States under different non-immigrant statuses, such as international students. Employers affected by the Proclamation should not attempt to recover part or all of the $100,000 fee from the foreign worker, as existing regulations prohibit employers from recouping their business expenses incurred in securing an H-1B. As a precaution, employers should limit the international travel of current H-1B employees until further guidance is provided.
K|W|W will continue to monitor these developments. If you have questions about the Proclamation, H-1B lottery, or concerns about how these actions may impact your workforce, please contact any K|W|W attorney. At K|W|W, your workforce is our priority.