H‑1B FAQ

The White House released a Frequently Asked Questions (FAQ) document following President Trump’s proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” clarifying how the new H‑1B reforms will work.

What the Proclamation Does:

• Requires a $100,000 payment for all new H‑1B petitions submitted on or after Sept. 21, 2025, including the 2026 lottery.
• Directs DHS and the State Department to coordinate implementation.
• USCIS, Customs and Border Protection, and the State Department have already issued guidance.

What It Does NOT Do:

• Does not apply to existing H‑1B visas or petitions submitted before Sept. 21, 2025.
• Does not affect H‑1B renewals (no extra fee).
• Does not restrict current H‑1B holders from traveling in and out of the U.S.

Next Steps in Reform:

• Department of Labor will initiate rulemaking to raise prevailing wage levels.
• DHS will reform the lottery to prioritize higher‑paid, highly skilled applicants over lower‑wage applicants.
• Further reforms are under consideration and will be announced in the coming months.

Big Picture:
This FAQ frames the new H‑1B policy as targeted, incremental reform: raising financial thresholds, protecting American workers, and reshaping the visa to favor elite talent and high‑wage positions rather than mass outsourcing.