On September 19, 2025, President Donald J. Trump signed a presidential proclamation that drastically changes access to the H-1B visa, used by highly skilled foreign professionals.

According to the White House statement, starting September 21, 2025, at 12:01 a.m. (ET), every new H-1B petition must be accompanied by a payment of US$100,000.

It is important to highlight that:

• This measure does not apply to renewals or to beneficiaries of already approved petitions.
• It also does not affect those who already hold a valid H-1B visa.
• It only impacts new applications submitted after the specified date.

The measure was met with strong criticism from the American Immigration Lawyers Association (AILA).

Jeff Joseph, president of AILA, warned:
“The H-1B program is designed to meet the needs of employers requiring specific skills. With this proclamation, it becomes a ‘pay-to-play’ system, where only those with financial resources will have access.”

Benjamin Johnson, executive director of AILA, stated:
“This change excludes fundamental sectors such as education, healthcare, and rural communities, where employers cannot afford US$100,000 per foreign worker. The impact will be devastating.”

Both leaders stressed that the proclamation attempts to modify, through executive order, rules that fall under Congress’s authority, such as fee definitions and eligibility criteria.

Although the current outlook may create uncertainty, it is important to remember that U.S. immigration policy is constantly evolving, and several organizations are already evaluating possible legal actions against this proclamation.

At Barba Inegol, we will continue to provide you with clear and timely information on every immigration update, so that you always have the best guidance at your disposal and can make decisions with confidence.