The U.S. government has issued a sweeping policy shift titled Restriction on Entry of Certain Nonimmigrant Workers, a presidential proclamation aimed at tightening the nation’s temporary work visa programs. Signed on September 19, 2025, the directive marks a new phase in the government’s broader effort to regulate skilled foreign labor and strengthen domestic job opportunities for American workers.
Under the proclamation, any new H-1B visa petition filed on or after September 21, 2025, must include an additional $100,000 payment. This new fee serves as a condition for eligibility, with strict enforcement rules now in place. Petitions filed without the payment or without evidence of an approved exemption will face outright denial.
The Restriction on Entry proclamation represents one of the most significant U.S. immigration reforms in recent years, signaling the administration’s intent to overhaul the H-1B nonimmigrant worker system that tech firms, universities, and multinational corporations have long relied on.
H-1B Program Faces Sweeping Fee Requirement
The Restriction on Entry measure directly targets new H-1B visa filings, the most common pathway for foreign professionals in specialized occupations such as software engineering, data analysis, and scientific research.
According to Section 1(c) of the proclamation, employers must submit proof of the $100,000 payment through Pay.gov or provide evidence of an official fee exemption granted by the Secretary of Homeland Security. Any petition lacking these documents will be rejected immediately.
Government officials argue that this step is designed to ensure accountability and transparency in the H-1B process. The administration described the payment as a “reform-based contribution” that supports workforce programs and visa compliance oversight. However, critics see it as a deterrent for small businesses and research institutions that rely on international talent.
The Department of Homeland Security (DHS) has been directed to issue detailed implementation guidance, while the U.S. Citizenship and Immigration Services (USCIS) will handle compliance checks for filings received on or after 12:01 a.m. Eastern Daylight Time, September 21, 2025.
Restriction on Entry Policy Targets Visa Misuse
In his statement accompanying the Restriction on Entry proclamation, the President said the measure was necessary to prevent abuse of the nonimmigrant visa system. He emphasized that the government must “prioritize American workers and uphold the integrity of the immigration process.”
The administration cited multiple federal reviews showing that certain visa petitions were being filed primarily to secure lower labor costs, sometimes displacing qualified U.S. professionals.
This new proclamation gives DHS and the Department of Labor expanded authority to scrutinize the employment practices of H-1B petitioners, including whether the foreign worker’s role truly requires specialized knowledge and competitive wages.
Employers found to be in violation could face denial of future petitions or fines under federal immigration law.
Businesses React to Restriction on Entry of Nonimmigrant Workers
Large tech companies that depend on global engineering talent have expressed concern that the Restriction on Entry will limit their ability to recruit specialized professionals.
“Imposing a $100,000 additional payment fundamentally changes the economics of hiring foreign workers,” said a senior executive of a Silicon Valley firm. “While we support fair hiring practices, this measure could hurt innovation and global competitiveness.”
Small businesses and startups may be hit even harder. Many rely on H-1B workers for roles that require niche expertise. With the new cost structure, only major corporations may be able to afford continued participation in the program.
Meanwhile, U.S. labor unions and domestic advocacy groups welcomed the move. They argue that the Restriction on Entry of some Nonimmigrant Workers will reduce dependence on imported labor and create better-paying opportunities for American professionals.
Long-Term Impact on U.S. Immigration and Labor Policy
The Restriction on Entry policy represents more than a temporary rule. It is a statement about the administration’s long-term vision for U.S. immigration reform. Analysts believe it could reshape how American employers approach workforce planning, especially in high-demand sectors like technology, health, and finance.
The H-1B program has long been controversial. While it fills essential talent gaps, it has faced scrutiny for potential misuse and for contributing to wage disparities. By imposing a steep financial requirement, the government aims to curb speculative visa filings and ensure that only employers with genuine labor needs participate.
However, immigration experts warn that such measures could discourage foreign investment and reduce America’s appeal to global talent. Countries like Canada and Australia have already positioned themselves as attractive alternatives for skilled migrants. The Restriction on Entry may accelerate that trend if U.S. employers start offshoring projects instead of sponsoring workers.
Exemptions Under the Restriction on Entry Proclamation
The Restriction on Entry proclamation includes a few specific exemptions, although the full details are still being developed. Certain organizations and projects considered vital to the national interest may qualify. These include:
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Nonprofit organizations involved in essential community or research programs.
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Accredited academic institutions conducting recognized educational or scientific work.
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Government contractors engaged in projects that serve critical infrastructure or national security purposes.
To qualify for an exemption, petitioners must:
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Apply through the Department of Homeland Security (DHS).
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Submit detailed documentation proving that their work supports national interest, infrastructure, or public benefit.
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Wait for DHS evaluation, as each exemption is reviewed case by case.
Once approved, petitioners must include proof of exemption when filing the H-1B petition.
If a petition is submitted without the $100,000 payment or without evidence of an approved exemption, it will face automatic denial. There will be no grace period or opportunity to correct missing documentation.
The government designed this process to ensure immediate compliance and prevent attempts to bypass the new Restriction on Entry requirements.
Increased Scrutiny and Digital Verification
The Restriction on Entry framework introduces a new digital verification system for payments and exemptions. Petitioners now submit receipts electronically, and officials cross-check them directly with USCIS databases.
This system reduces fraud and backlogs by ensuring that only verified payments move forward. DHS and USCIS work together to track each submission and prevent duplicate or falsified records.
The proclamation also requires federal agencies to coordinate in monitoring payment flows. It directs them to use collected funds for immigration enforcement, compliance audits, and workforce training programs.
International Reactions to the Restriction on Entry Decision
The new Restriction on Entry policy has triggered global reactions. Many countries rely heavily on U.S. employment for skilled professionals.
India, which provides most H-1B workers, raised diplomatic concerns. Its officials urged the U.S. to reconsider the $100,000 payment rule.
Industry groups in the Philippines, China, and Europe voiced similar worries. They warned that the decision could hurt trade and technology partnerships.
Several international analysts see the move as economic nationalism. They believe it aligns with U.S. efforts to protect domestic jobs through tighter immigration policies.
Expected Legal Challenges
Legal experts anticipate multiple challenges to the Restriction on Entry proclamation. Immigration law advocates argue that the additional $100,000 fee may exceed the President’s authority under existing immigration statutes. They also claim that such a fee acts as a barrier to entry inconsistent with the goals of the Immigration and Nationality Act.
Law firms and advocacy groups are preparing to file suits, possibly seeking injunctions to suspend implementation while courts determine its legality.
However, the administration appears prepared to defend the measure, citing broad executive powers to regulate entry of nonimmigrant workers for national interest purposes.
Restriction on Entry Policy Signals a Broader Reform Agenda
The new proclamation fits into a broader agenda of restructuring U.S. nonimmigrant visa policies. Alongside the H-1B reforms, the government is reportedly reviewing other programs, including L-1 intra-company transfers and H-2B seasonal work visas, for potential revisions.
Analysts expect more executive actions in the coming months that could further limit or reshape nonimmigrant entry into the United States.
Outlook for Employers and Workers
For now, U.S. employers planning to file new H-1B petitions must adapt quickly. Legal experts advise businesses to consult immigration attorneys before submission to confirm eligibility, payment processing, and documentation.
Foreign professionals already in the U.S. under valid H-1B status are not directly affected, but future extensions or transfers could be subject to the same conditions if the rule expands.
The Restriction on Entry proclamation underscores how rapidly immigration policy can shift. Employers must stay alert to federal updates, as noncompliance will result in costly denials and potential penalties.
Conclusion
The Presidential Proclamation marks a major shift in U.S. immigration policy. It adds new financial and procedural hurdles for H-1B applicants. The extra $100,000 payment and stricter eligibility aim to reform the system, improve transparency, and protect U.S. workers.
However, the long-term impact on innovation and global talent remains unclear. The message is direct—the U.S. plans to tighten and redefine skilled immigration under the Restriction on Entry policy.
If you’re unsure how the new rules affect your visa plans, Maple Crest Immigration Law Firm can help. Our licensed attorneys provide expert legal advice and handle every step of your application with care.
Contact Maple Crest Immigration today for a confidential consultation and protect your opportunity to live and work legally in the United States.
