What the $100,000 H-1B Presidential Proclamation Means for Employers and Workers in 2025 and 2026
On September 19, 2025, President Trump issued the Restriction on Entry of Certain Nonimmigrant Workers Proclamation, creating a new and significant barrier for many H-1B applicants. The rule prohibits the entry of certain H-1B workers unless the employing company pays a $100,000 fee, which became effective on September 21, 2025. Many employers and foreign workers were caught off guard by this sudden shift and are now looking for realistic alternatives.
The $100,000 fee applies if:
The beneficiary is currently outside of the United States AND does not have a valid H-1B visa;
Consular notification was the “requested action” selected on the submitted I-129; OR
USCIS approves the petition but denies the change or extension of status, or the beneficiary departs the U.S. while the petition is pending.
While the Proclamation is set to expire twelve months after its effective date, the uncertainty surrounding future policy changes has many companies re-evaluating their long-term recruitment strategies. Foreign workers who planned their careers around the H-1B pathway are now searching for other employment-based visa options that are more stable and predictable.
We heard the concerns from both employers and workers, so here is a simple breakdown of several visa categories that may be a better fit for your hiring needs or your career goals as we enter 2026.
L visas (L-1A and L-1B) can be an option for multinational companies with offices (parent company, subsidiary, or affiliate branches) in the U.S. and abroad. O visas are for individuals with extraordinary ability in their field. The E-1 or E-2 visas could be a strong option for citizens of a Treaty Country, meaning they have entered into a treaty agreement with the United States. Then there are also country specific visa options for those in specialty occupations (Australia, Chile, Singapore, Canada, and Mexico).
Each of these visa options comes with its own eligibility rules, evidentiary requirements, and long term considerations. Strong planning is essential, especially when you need to demonstrate qualifications to USCIS or build a timeline that aligns with business needs. Do not wait until a petition deadline or a hiring emergency to consult with an immigration attorney about available strategies.
It is also essential to understand the intent behind each visa, whether it supports immigrant intent or requires strict nonimmigrant intent. Some visas may lead to a green card path, while others may not. You should also consider whether spouses qualify for work authorization, since this can influence family planning and relocation decisions.
If you are a foreign professional trying to secure employment in the U.S., or a company looking to hire and retain global talent despite the new H-1B barriers, the right strategy can make all the difference. Contact Elevate Justice U.S. Immigration Law today to start planning a visa journey that aligns with your goals and protects your ability to hire or work in the United States.
