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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On September 19, 2025, President Trump signed an <a href="https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/">executive order</a> restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee per employee. This proclamation took effect at 12:01 a.m. on Sunday, September 21, 2025, and will expire one year later, unless extended.

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The language of the executive order does not limit its application to only future applications, but on September 20, 2025, the USCIS issued a memo clarifying the following:

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This proclamation only applies prospectively to petitions that have not yet been filed.

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The proclamation does not apply to foreign nationals who are: the beneficiaries of petitions filed prior to the effective date of the proclamation, the beneficiaries of currently approved petitions, or in possession of validly issued H-1B nonimmigrant visas.

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There may be additional exemptions at the government’s discretion. Specifically, the executive order authorizes DHS to exempt certain individuals, companies, or industries that DHS determines are in the national interest of the U.S. and do not pose a threat to U.S. security or welfare.

Both the U.S. Department of State and Customs and Border Protection have issued statements confirming that this restriction applies to the issuance of visas for petitions filed after the effective date of the proclamation. However, H-1B workers may want to avoid international travel for the foreseeable future until the government addresses unresolved issues.

Some additional questions that still remain include whether non-profit organizations and government research organizations that have lower filing fees for H-1B petitions will be subject to the full $100,000 fee.  Additionally, if an employer seeks a subsequent H-1B approval period for an associate outside the U.S. will that be treated as a renewal not subject to the fee.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2025/09/Executive-Order-Imposes-New-100000-Fee-Per-H-1B-Worker.pdf

Executive Order Imposes New $100,000 Fee Per H-1B Worker

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