H-1B Entry Restrictions: 2025 Presidential Proclamation and Visa Programme Reform

On 19 September 2025, the President issued a Proclamation on the Restriction of Entry of Certain Nonimmigrant Workers, marking a significant first step in reforming the H-1B nonimmigrant visa programme.

Under the Proclamation, new H-1B petitions filed on or after 01:00am (EST) on 21 September 2025 must include an additional payment of US$100,000 as a condition of eligibility.

This measure aims to protect American workers and ensure that the H-1B programme is reserved for highly specialised positions without adversely affecting domestic employment opportunities.

Read more about The H-1B visa.

Such a high additional fee may reduce the number of applications submitted while encouraging US companies to prioritise local hiring. According to data from United States Citizenship and Immigration Services (USCIS), the H-1B programme issues approximately 85,000 visas annually, with India and China accounting for the majority.

With the new fees, small businesses may face difficulties, whereas major corporations such as Google and Microsoft retain the financial capacity to pay. This encourages applicants to prepare more thoroughly and demonstrate high-level professional value to overcome financial barriers.

Furthermore, the Proclamation reflects an “America First” policy, focusing on protecting domestic jobs in the post-pandemic economic climate. For Vietnamese nationals, the number of H-1B visas issued to citizens of Vietnam increased by 20% in 2024, reaching approximately 2,000 cases, according to USCIS reports. However, the US$100,000 fee may reduce this figure, requiring applicants to seek alternatives such as L-1 or O-1 visas.

Under section 1(c) of the Proclamation, for H-1B petitions subject to the Proclamation, the petitioner must submit a copy of the payment evidence from pay.gov or evidence of a fee exemption from the Secretary of Homeland Security at the time of filing the H-1B petition.

Petitions subject to the US$100,000 payment that are filed without evidence of payment or an exemption will be rejected. This regulation ensures transparency and rigour in the application processing.

Pay.gov is the official payment portal of the US government, supporting secure online transfers. Fee exemptions apply only to special cases such as non-profit organisations or scientific research, as determined by the Secretary of Homeland Security (DHS).

According to USCIS guidance, payment evidence must be an electronic receipt from pay.gov, attached to form I-129. The rejection of petitions lacking evidence will be immediate, with no opportunity for supplementation, helping USCIS reduce its processing workload.

Analysing further, this measure could reduce the number of H-1B petitions from 130,000 annually to under 100,000, according to estimates from the American Technology Association. For Vietnamese workers, this underscores the importance of financial preparation and a solid professional profile.

For example, a Vietnamese software engineer needs to demonstrate a minimum salary of US$60,000 per year and relevant qualifications to be eligible. Additionally, the Proclamation does not affect H-1B petitions pending before 21 September 2025, creating a transition period. However, renewal or transfer applications must still comply if filed after this date.

According to DHS data, the H-1B denial rate increased from 6% in 2015 to 24% in 2024, and the new fee could push this figure higher. This encourages applicants to seek alternative visas such as EB-2 or EB-3, which have longer waiting times but lower costs. Ultimately, the Proclamation is part of a broader strategy to restructure the US immigration system, ensuring fairness and protecting domestic labour.

The impact of H-1B entry restrictions on international labour

H-1B entry restrictions via this Proclamation significantly affect professional labour from developing countries. With a US$100,000 fee, many small companies will be hesitant, leading to reduced opportunities for foreign applicants.

However, this may promote the diversification of the labour force, with countries such as Canada or Australia becoming alternative options. In Canada, the Global Talent Stream programme requires a fee of only approximately 1,000 CAD and is faster than the H-1B.

According to the Organisation for Economic Co-operation and Development (OECD), migrant labour contributes 10% of US GDP, but the new policy aims to balance interests. For Vietnam, with more than 30,000 students in the US, many will shift towards F-1 OPT visas instead of H-1B.

To overcome H-1B entry restrictions, applicants need to prepare early. Check eligibility for fee exemptions if working for an educational organisation.