Trump Admin's $100K H-1B Fee Faces Legal Challenges

According to Forbes, the Trump administration faces potential lawsuits stemming from a presidential proclamation issued on September 19, 2025. This proclamation imposes a travel ban on H-1B visa holders, citing what the article describes as "selective economic claims." The proclamation mandates a $100,000 fee for the entry of individuals with new H-1B visas. While intended to last 12 months, the restriction is expected to remain in effect for the duration of the administration. Entry is prohibited unless H-1B petitions are submitted with this fee, and a clear process for obtaining a "national interest" waiver is absent. If these legal challenges are unsuccessful, the policy is projected to significantly hinder U.S. companies' access to high-skilled foreign talent. This could lead to increased offshoring and external hiring, potentially undermining the administration's stated goals. In response to initial criticism, the administration issued a clarification regarding exemptions. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) specified that the proclamation applies prospectively. It does not affect individuals with currently approved H-1B petitions, petitions filed before 12:01 AM ET on September 21, 2025, or foreign nationals already holding a validly issued H-1B nonimmigrant visa.