23 September 2025

US presidential proclamation establishes new $100,000 payment for some H-1B Petitions

On 19 September 2025, President Donald J. Trump signed a proclamation, "Restriction on Entry of Certain Nonimmigrant Workers." The Proclamation, which went into effect at 12:01 am on 21 September, prohibits entry of H-1B workers to the United States unless their H-1B petitions are "accompanied or supplemented by a payment of $100,000" with certain exceptions. The restriction "shall expire, absent extension, 12 months after the effective date of [the] proclamation." Clarifications provided by the U.S. State Department on 21 September and memoranda issued by government agencies indicate that the $100,000 payment will only be required for “new” H-1B petitions filed after the proclamation effective date, where the beneficiary is outside of the United States, and does not impact foreign nationals who are the beneficiaries of currently approved petitions, any petition filed prior to 12:01 AM ET on 21 September 2025, or foreign nationals in possession of “validly issued” H-1B non- immigrant visas.

A Tax Alert prepared by EY Law LLP group, and attached below, provides additional details.

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Attachment

Full text of Tax Alert

Document ID: 2025-1911