Proclamation Restricting Entry of H-1B Nonimmigrant Workers: A Legal Analysis of the New $100,000 Payment Requirement

Question details

Given the Proclamation's requirement for a $100,000 payment for new H-1B visa petitions, what are the primary legal and operational challenges for U.S. employers, and what legal strategies are available to mitigate potential adverse impacts on staffing and business operations?

On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers.

This Proclamation:

Rajiv's Comments in The Times of India - Trump administration unveils 'Project Firewall' to crack down on H-1B visa abuse

Published by: The Times of India -  September 23, 2025

Quotes and Excerpts from Rajiv in the article:

Critics, however, caution that the new initiative could have unintended consequences. Speaking to TOI, Rajiv S. Khanna, managing attorney at Immigration.com, said that while the goal of protecting American workers is “laudable,” the initiative risks overreach.

Rajiv's Comments in The South China Morning Post - India’s tech sector fears impact of Trump’s US$100,000 H-1B visa on US market

Published by: The South China Morning Post -23 September, 2025

Quotes and Excerpts from Rajiv in the article:

“The imposition of a US$100,000 fee on H-1B visas represents an unprecedented shift in US immigration policy,” said Rajiv Khanna, a US lawyer providing immigration advisory services to global clients.

Recording for September 18, 2025 Conference Call with Rajiv S. Khanna

Immigration.com

Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.

Visa Bulletin For October 2025

Number 7
Volume XI
Washington, D.C

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A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Visa Bulletin For October 2025

This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Recording for September 11, 2025 Conference Call with Rajiv S. Khanna

Immigration.com

Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.