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URGENT FOR SEPTEMBER 19, 2025: H-1B Visa Holders Should Remain the United States

September 20, 2025

On Friday, September 19th, President Trump issued a proclamation implementing a new “$100,000 fee” on H-1B visa holders. This is an overreach reminiscent of the initial travel bans from the first Trump administration, and like those bans, it is unlikely to hold up in court as currently drafted. That said, like those bans, it has the potential to cause great chaos and anxiety as it works its way through the courts, and it is not impossible that some future version of a punitive H-1B visa fee will be implemented for the duration of this administration.

The proclamation was only made public within the last few hours, but we already know enough to urge our clients in H-1B status: do not leave the United States for any reason until the legality of this new proclamation has been settled by the courts.

While the headlines discuss a $100,000 fee, making it seem like problems may be deferred until you next need to file an H-1B petition, in reality the problems will be immediate, and will be about re-entry to the United States after foreign travel. According to the proclamation, starting Sunday the 21st at 12:01 AM (just after midnight on Saturday the 20th), no one can enter the U.S. on an H-1B visa unless they can prove to have previously paid a $100,000 fee in conjunction with their underlying H-1B petition. For those currently outside of the United States this puts them in an impossible bind: not only was the fee first introduced on Friday the 19th, but there is no known way to pay the fee.

For this (and many other reasons), the expectation is that legal challenges will be swift. However it is far from certain that the proclamation will enjoined (i.e. stopped by the courts) before it is implemented. We are therefore encouraging all H-1B visa holders in the United States to remain here for the time being. For H-1B visa holders outside of the United States, until more is known, we would discourage anyone from attending visa appointments, or to try re-entering the country after foreign travel. The proclamation makes no reference to H-4 visa holders, though we would urge the same caution there.

PLEASE NOTE:  If you are in the United States and had no plans to travel abroad, there is no known short-term impact to you.  

For now, hours after the proclamation was released, we are focusing on immediate impact. However, we understand that this development will cause anxiety and concern even for those who aren’t immediately impacted. Know that, should any version of this fee survive legal challenges, your attorneys at LHSCD will be available to discuss the medium- and long-term consequences with you, your family, and your employer. We will be in touch with further news as we learn more.