The H-1B visa has long been a critical pathway for highly skilled foreign workers to contribute to the U.S. workforce. However, a new restriction—taking effect on September 21, 2025—introduces significant financial and procedural hurdles for certain H-1B applicants and holders.
The New Restriction at a Glance
Under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (INA), a new rule restricts entry for H-1B specialty occupation workers unless their petition is accompanied by an additional $100,000 payment.
- Effective Date: September 21, 2025
- Duration: 12 months (through September 21, 2026, unless extended)
- Scope: Applies to workers outside the United States at the time of petition or reentry.
Who Is Impacted?
✅ New H-1B Petitions for Workers Outside the U.S.
If a new H-1B petition is filed on behalf of a worker currently abroad, the petition will not be processed unless it is accompanied by the $100,000 payment. This means employers will face a much higher financial burden when sponsoring new H-1B workers from outside the country.
✅ Existing H-1B Holders Abroad
Even approved H-1B holders are affected if they are outside the U.S. at the time the rule takes effect. For example, if a worker is waiting for visa stamping or traveling internationally, re-entry to the U.S. will be contingent upon the additional payment.
❌ Existing H-1B Holders Inside the U.S.
Current H-1B workers already inside the U.S. are not directly impacted. Extensions, amendments, and transfers processed domestically do not fall under this restriction since the rule specifically targets entry into the U.S.
What This Means for Employers and Workers
This policy creates a sharp divide:
- Employers must carefully evaluate whether to file new H-1B petitions for workers abroad, given the steep additional cost.
- Workers currently in the U.S. should be cautious about international travel, as leaving the country during this 12-month period could trigger the new payment requirement for reentry.
Key Takeaways
- New petitions + workers abroad = impacted (require $100,000 payment).
- Existing H-1B holders in the U.S. = not impacted.
- The restriction applies from September 21, 2025 to September 21, 2026, unless extended.
This development underscores the importance of planning ahead for both employers and employees navigating the H-1B process. Staying informed and consulting with experienced immigration counsel will be critical in the months ahead.
