Restriction on Entry of Certain Nonimmigrant Workers: What You Need to Know
On September 19, 2025, President Donald J. Trump signed a proclamation restricting the entry of certain nonimmigrant workers under the H-1B visa. The stated goal is to curb what is described as abuses of the system, particularly in technology companies, and to protect the U.S. labor market.
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What does the measure establish?
Restriction on entry unless $100,000 is paid: The entry of foreign nonimmigrant workers with H-1B visas for specialty occupations will be limited unless their petition is accompanied by a $100,000 payment.
Temporary duration: This restriction will last 12 months from its effective date (with some exceptions), unless extended.
Exceptions: There will be exceptions if the Secretary of Homeland Security determines that hiring certain H-1B workers is in the national interest or does not pose a threat to the security or welfare of the United States.
Implementation: Employers are required to prove during the H-1B visa petition process that the required payment has been made. Likewise, the departments involved (State, Labor, Homeland Security) must coordinate to enforce the rule.
Why are they doing it?
According to the official document, the H-1B program has been “exploited” to replace American workers with foreign workers at lower wages and lower qualifications. It is also claimed that this has created an unfavorable labor market for U.S. citizens, especially in the fields of science, technology, engineering, and mathematics (STEM). Concerns about national security and fraud are also mentioned, as well as impacts on the ability to attract highly qualified talent.
Implications
Here are some possible consequences of this policy:
For foreign workers: those seeking to obtain an H-1B visa and who are outside the U.S. may face greater barriers if their employer does not pay the required amount.
For U.S. employers: additional costs, bureaucracy, possible delays, and the need to further justify that the hiring is in the national interest.
In technology and STEM industries: these sectors could be especially affected if they relied on foreign talent to fill labor gaps at lower costs.
For the local labor market: it could improve wage competitiveness for U.S. citizens in certain sectors, but it could also have the opposite effect if there is a shortage of workers with certain specializations.
Criticism and challenges
Discrimination or impact on diversity of talent?: Some may argue that the measure could limit the diversity of qualified workers and inhibit innovation if there are not enough local specialists.
Cost for small businesses or startups: for those depending on foreign talent, an extra $100,000 payment may be prohibitive.
Legal issues: implementation could be subject to legal challenges, especially if it is considered to affect international treaties or existing immigration rights.
Questionable effectiveness: if the restriction merely shifts costs or leads to hiring workers under a different visa, it may not achieve the desired changes in the labor market or in wages.
In conclusion, the proclamation represents a significant shift in U.S. immigration policy regarding H-1B workers, with the stated goal of protecting American workers and ensuring that the program is used as intended: to complement, not replace. However, the measure also carries risks, both for businesses and foreign workers, and its success will largely depend on how it is implemented, how affected industries respond, and whether the exceptions are managed in a balanced way.
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