Breaking news from Washington. The White House has announced new restrictions on H-1B nonimmigrant workers that took effect on September 21, 2025, at 12:01 a.m. EDT. Under the proclamation, employers filing new H-1B petitions (both cap-subject and cap-exempt) after 12:01 am EST on September 21, 2025 must pay a one-time $100,000 fee. Without proof of payment, petitions and entry by new H-1B employees will be denied. The new fee does not apply to H-1B petitions filed before September 20, 2025, which include current H-1B holders that are traveling abroad and re-entering the US; foreign nationals with a current H-1B approval and/or H-1B visa stamp that are entering the US for the first time; and H-4 dependents.
Duration of the New H-1B Rule and Possible Exemptions
The new rule is scheduled to remain in place for 12 months, unless extended. Exemptions may be granted by the Secretary of Homeland Security and related agencies if employment is deemed to be in the national interest and does not pose a threat to U.S. security or welfare. Employers will be required to provide and retain documentation confirming the payment, which will be verified by the U.S. State Department as part of the visa application process.
Additional Measures in the Proclamation
The proclamation also directs the Secretary of Labor to revise and raise prevailing wage levels, while the Department of Homeland Security is instructed to prioritize admission of higher-skilled and higher-paid workers under the H-1B program.
Reason for the New H-1B Restrictions
According to the White House, the measure was introduced in response to concerns that the H-1B system has been misused by outsourcing firms, undercutting wages and reducing job opportunities for U.S. workers.
How the New Rule Will Affect Companies and H-1B Employees
The new proclamation is expected to have wide-ranging implications for both U.S. employers and foreign professionals seeking to work under the H-1B program. Key anticipated effects include:
- Significant cost increases for employers relying on H-1B workers.
- Possible delays and denials in visa processing.
- Reduced inflow of new H-1B workers, especially in STEM and technology sectors.
- Potential legal challenges to the $100,000 fee and wage recalculations.
Together, these changes are likely to reshape how companies plan their workforce strategies and how skilled professionals pursue opportunities in the United States.
For Golden Gate Global, these changes are especially relevant, as the H-1B community represents a large portion of EB-5 investors. While this new policy creates uncertainty, Golden Gate Global is monitoring the situation closely and will continue to provide updates as more information becomes available.
FAQ
The restriction applies to new nonimmigrant workers under the H-1B “specialty occupation” visa category — professionals coming to the U.S. temporarily to work in jobs that require specialized knowledge.
Any H-1B petition filed for a worker outside the U.S. must include a $100,000 payment. Without proof of payment, the petition or entry will be denied.
The rule takes effect on September 21, 2025, at 12:01 a.m. Eastern Daylight Time.
It is scheduled to last for 12 months, unless the White House decides to extend it.
Yes. The Secretary of Homeland Security and related agencies can grant exemptions if the worker’s employment is considered to be in the national interest and not a threat to U.S. security or welfare.
Employers must show and retain evidence that the $100,000 payment was made when filing petitions for workers abroad.
The U.S. State Department must confirm receipt of the payment as part of the visa petition process.
The Secretary of Labor has been instructed to revise prevailing wage levels, and DHS has been told to prioritize the admission of higher-skilled and higher-paid foreign workers.
The White House claims the H-1B system has been abused, particularly by outsourcing firms, to replace American workers with lower-paid foreign workers — harming wages, job opportunities for U.S. citizens, and national security.
- Higher costs for employers relying on H-1B workers abroad.
- Possible delays or denials for many H-1B applicants.
- U.S. STEM and tech sectors may see fewer new H-1B workers.
- Legal challenges are likely over exemptions, wage recalculations, and the legality of the $100,000 fee.