NEW PROVISIONS ON THE H-1B VISA IN THE UNITED STATES: APPLICATION ONLY TO FUTURE PETITIONS

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On September 19, 2025, the President of the United States issued a Proclamation restricting the entry of certain nonimmigrant workers, aimed at addressing potential abusive practices in the use of the H-1B visa. This measure, formalized through a memorandum from United States Citizenship and Immigration Services (USCIS), introduces a significant change in the processing of these applications.

In accordance with the provisions, as of September 21, 2025 at 12:01 a.m. (ET), every new H-1B visa petition must be accompanied by an additional payment of USD 100,000 in order to be accepted for processing.

Scope of the measure

The new requirement applies only prospectively, which means that:

  • Beneficiaries of petitions filed before September 21, 2025 will not be affected.
  • Those already holding a valid H-1B visa or with previously approved petitions will not be impacted.
  • Current H-1B visa holders retain full ability to travel to and from the United States, without additional restrictions.

Consequently, the measure affects only new and yet-to-be-submitted petitions, introducing a financial requirement that represents a substantial increase in application costs for companies and professionals seeking access to this visa program.

Implications for companies and professionals

The H-1B visa has historically been a key pathway for hiring highly skilled professionals in the United States. With this new provision, organizations will need to review their international mobility planning and adequately budget for future application processes.

Likewise, professionals aspiring to work in the country under this visa category should note that the new requirement is not retroactive, thereby ensuring continuity for already initiated petitions and valid permits.

Support from Feliu N&I

At Feliu N&I, we are aware of the impact this measure may have on companies and professionals engaged in internationalization processes. Our team of experts in international mobility and visa management is ready to:

  • Advise on the planning and preparation of new H-1B applications under the updated requirements.
  • Assist organizations in evaluating costs and alternative immigration options.
  • Support professionals who need clarity and security in their mobility processes to the United States.

We reaffirm our commitment to providing comprehensive and up-to-date services, aimed at facilitating international mobility in an increasingly complex and demanding regulatory environment.

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