As a reminder for all employers are considering sponsoring an employe via the H-1B Visa Program, on September 19, 2025, President Donald J. Trump signed a Proclamation introducing significant changes to the H-1B visa program, aimed at curbing abuse and prioritizing U.S. workers.

What is the H-1B Visa Program? The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations requiring specialized knowledge and at least a bachelor’s degree. Visas are valid for up to three years, extendable to six years, with 85,000 new visas issued annually through a lottery. Common sectors include technology, engineering, and healthcare.

Effective September 21, 2025: new H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025, including the FY2027 lottery.

• Does not affect existing visas, renewals, or petitions filed before this date.

• $100,000 Fee: A one-time payment is required for new petitions for workers outside the U.S. Non-payment results in denial of entry.

• Exemptions: Limited case-by-case waivers may be granted for roles serving the national interest (e.g., healthcare, defense, cybersecurity).

• Duration: Restrictions expire in 12 months unless extended.

• Application: according to government officials (so far), the fee applies to the next upcoming lottery cycle.

Employer Considerations: The new fee significantly raises sponsorship costs, potentially impacting hiring strategies and increasing competition for top talent.

• Employers should monitor forthcoming guidance from USCIS, CBP, and the State Department, as well as planned rulemakings to raise prevailing wages and prioritize high-paid, high-skilled applicants.

For additional information:

• White House Proclamation – Restriction On Entry Of Certain Nonimmigrant Workers (September 19, 2025)
• White House H1-B Restriction – Fact Sheet
• Department of State – H-1B FAQ
• USCIS – H-1B FAQ

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.