White House Restricts H-1B Visas to Protect American Tech Jobs
Published Date: 9/24/2025
Presidential Document
Summary
The U.S. is tightening rules on H-1B visas to stop companies from replacing American workers with cheaper foreign labor, especially in tech jobs. This change targets firms that misuse the program to cut wages and hurt U.S. workers, aiming to protect jobs and boost fair pay. The new restrictions start soon and could shake up hiring and costs in STEM fields.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
H-1B $100,000 Entry Payment
Starting at 12:01 a.m. EDT on September 21, 2025, companies seeking to bring H-1B specialty-occupation workers from outside the United States must accompany petitions with a $100,000 payment or those workers’ entry will be restricted. This restriction expires 12 months after September 21, 2025, unless extended.
Employer Documentation and Visa Verification
Before filing an H-1B petition for a worker outside the U.S., employers must obtain and keep proof that the $100,000 payment was made; the Secretary of State will verify payment and approve only petitions with that payment. The Departments of State and Homeland Security will deny entry to H-1B nonimmigrants if their prospective employer did not make the required payment.
Prevailing Wage and Priority Rulemakings
The Secretary of Labor will start rulemaking to revise prevailing wage levels consistent with this proclamation's policy goals, and the Secretary of Homeland Security will start rulemaking to prioritize admission of higher-skilled, higher-paid nonimmigrant workers. These rulemakings are intended to change wage standards and admission priorities.
Discretionary National-Interest Exemptions
The Secretary of Homeland Security may exempt an individual, all aliens employed by a company, or all aliens in an industry from the payment and entry restriction if the Secretary determines such hiring is in the national interest and does not threaten U.S. security or welfare.
Limits on Using B Visas to Circumvent H-1B Rules
The Secretary of State will issue guidance to prevent misuse of B visitor visas by beneficiaries of approved H-1B petitions that have employment start dates beginning prior to October 1, 2026. This guidance is intended to stop entry that would otherwise circumvent the proclamation's restrictions.
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