The landscape of U.S. immigration law is in constant flux, and a recent presidential proclamation has introduced a significant and immediate change to the H-1B visa program that demands the urgent attention of employers and H-1B visa holders alike.

As a firm dedicated to providing clear, actionable legal guidance, Cohen, Tucker + Ades is closely monitoring the situation and is here to help you navigate these complex developments.

What’s New? The $100,000 Annual H-1B Fee

On September 19, 2025, a new proclamation was signed, establishing a substantial annual fee of $100,000 for each H-1B visa application. This fee, payable by employers, is in addition to existing application and processing fees, marking a dramatic increase in the cost of sponsoring H-1B workers.

Key Details:

• Effective Date: The new rules are slated to take effect on September 21, 2025.

• Duration: The restrictions are currently scheduled to last for 12 months, though extensions are possible.

• Stated Purpose: The administration asserts that these changes are designed to protect American workers and ensure that the H-1B program is reserved for highly skilled professionals who cannot be replaced by domestic talent.

Who is Most Affected?

This proclamation will have wide-ranging impacts, particularly on:

• Technology Companies: The tech sector, a heavy user of the H-1B program to fill specialized roles, will face significantly increased operational costs.

• Businesses Sponsoring H-1B Workers: Any U.S. employer utilizing the H-1B visa will need to reassess their talent acquisition strategies and budgets.

• Current H-1B Visa Holders: While the immediate impact on existing H-1B statuses may vary, renewals, transfers, and especially new applications will be directly affected.

• Foreign Nationals Seeking H-1B Visas: The higher costs may reduce the number of available H-1B sponsorships, making it more challenging to secure employment in the U.S.

Cohen, Tucker + Ades’s Initial Analysis & What to Do Now

This new fee represents an unprecedented cost for H-1B sponsorship and is likely to face immediate legal challenges. Our firm is actively analyzing the proclamation’s legal authority and will provide updates as the situation evolves.

For now, we strongly advise the following:

1. Employers:

   • Immediate Review: Begin an urgent assessment of your current and anticipated H-1B needs, considering the dramatic increase in costs.

   • Budgeting: Factor in the potential new $100,000 fee for any upcoming H-1B applications or renewals.

   • Strategic Planning: Consult with legal counsel to develop a robust strategy for talent management and immigration compliance in light of these changes.

2. H-1B Visa Holders (Especially Those Abroad):

   • Change Travel Plans: H-1B visa holders currently outside the U.S. should consider adjusting their travel plans and returning before 12:01 AM on September 21, 2025.

   • Consult Legal Counsel: If you are currently outside the U.S. on an H-1B visa or have an approved H-1B petition, it is paramount to seek immediate legal advice regarding your ability to re-enter the U.S. before the new rules fully take effect.

   • Document Review: Ensure all your immigration documents are in order and readily accessible.

Our legal team at Cohen, Tucker + Ades is prepared to offer comprehensive guidance to employers and individuals impacted by this latest proclamation. The situation is fluid, and proactive legal counsel is your best defense against potential disruptions.

Do not delay. Contact us today to schedule a consultation and discuss how these critical changes will affect your specific circumstances.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly evolving. You should consult with a qualified immigration attorney for advice on your specific situation.

RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS | The White House