On September 19, 2025, the President signed Proclamation 10973, "Restriction on Entry of Certain Nonimmigrant Workers." It took effect at 12:01 a.m. Eastern on September 21 and was published in the Federal Register on September 24 at 90 FR 46027. Its operative sentence restricts the entry of H-1B workers unless the petition is "accompanied or supplemented by a payment of $100,000."
The first 48 hours produced considerable confusion, including reports of workers abroad being urged to fly back before the deadline. The government then narrowed the scope in stages, and by late October the rule is reasonably clear. This piece sets out where it stands.
The legal basis and the clock
The proclamation rests on INA 212(f) and 215(a), the same entry-suspension authority used for the travel bans. It expires twelve months after its effective date unless extended, and it directs the State, Labor and Homeland Security departments and the Attorney General to recommend on extension within 30 days of the next H-1B lottery. It also orders rulemaking on prevailing wages and lottery priority, which is a separate story.
Who pays
USCIS issued a one-page memorandum on September 20 confirming that the measure is prospective only. It does not reach beneficiaries of petitions filed or approved before the effective moment, nor holders of valid H-1B visas, and it does not affect their travel. The White House added on September 21 that the payment is one-time, applies to new petitions including the fiscal year 2026 lottery, and does not change renewal fees.
The decisive guidance came from USCIS on October 20, 2025. The payment, or a DHS exception, is required for a petition filed at or after 12:01 a.m. ET on September 21 where either:
- the worker is outside the United States and holds no valid H-1B visa, or
- the worker is inside the United States but the petition requests consular or port-of-entry notification rather than a change of status.
The payment is not required when USCIS approves an amended petition, an extension of stay in H-1B status, or a change of status to H-1B for a worker who was in the United States at filing. Travel and re-entry on the visa that results from such an approval is also free of it.
The caveat is the important part. If USCIS finds the worker ineligible for the change, amendment or extension, because the person was out of status or left the country before the case was decided, the payment becomes due. Employers filing change-of-status petitions for workers whose status is marginal should treat that as a genuine risk.
The national interest exception
Section 1(c) allows the DHS Secretary to except an individual, a company's workers or an entire industry where the hiring is in the national interest and threatens neither security nor welfare. USCIS describes this as an "extraordinarily rare circumstance" and requires four findings: national interest, no available American worker, no threat, and that the payment would significantly undermine United States interests. Requests are sent to a dedicated DHS mailbox before filing. To date the department has granted individual determinations only, and few of them.
The litigation
Two cases are pending.
Global Nurse Force v. Trump, No. 4:25-cv-08454 in the Northern District of California, filed October 3 before Judge Haywood Gilliam. The plaintiffs include the UAW, the American Association of University Professors, the Committee of Interns and Residents, religious orders and individual workers. Their claims: the proclamation exceeds statutory authority, imposes an unlawful tax, and violates the Administrative Procedure Act.
Chamber of Commerce v. DHS, No. 25-cv-3675 in the District of Columbia, filed October 16, with the Association of American Universities joining an amended complaint and a preliminary injunction motion on October 24. The Chamber's argument is that the payment overrides the INA's H-1B provisions, including the principle that fees track the government's processing costs.
No court has enjoined the proclamation. Payments are being collected through Pay.gov. In the Chamber case the government's opposition is due November 28, with a ruling possible after December 8.
What to do
- Check the petition's filing timestamp against 12:01 a.m. ET, September 21, 2025.
- For a worker already in the United States in valid status, file for a change of status or extension. Do not request consular notification.
- Where the payment is due, pay through Pay.gov before filing and include the proof, or the evidence of an exception, with the petition. USCIS denies petitions that lack either.
The economics for employers hiring from abroad have changed by an order of magnitude. Whether that survives judicial review is the question the winter will answer.