President Trump’s recent executive order restricting the entry of H-1B workers applies only to foreign nationals for whom a new H-1B petition is filed on or after September 21, 2025.
Any foreign national who currently has a pending or approved H-1B petition or a valid H-1B visa should not be subject to the new H-1B entry restrictions. They should be able to enter the United States from abroad on or after September 21, 2025, provided that they possess a valid, approved H-1B petition and H-1B visa (if required). Those entering in the near future should be prepared for possible delays as government agencies begin implementing the new proclamation and agency guidance.
A $100,000 fee should only be required for new H-1B specialty occupation petitions filed after the executive order takes effect on September 21, 2025 for foreign nationals who are currently outside the United States. Further guidance on the fee requirement is expected in the coming days from the government and will be updated accordingly.