New H-1B Visa Guidelines Go into Effect September 21, 2025
On September 19, 2025, a new Presidential Proclamation introduced sweeping changes to the H-1B visa program, aimed at addressing long-standing concerns around systemic abuse. These changes have now gone into effect and will impact how organizations approach new H-1B sponsorships.
Key Change: Mandatory $100,000 Supplementary Payment
Effective September 21, 2025, any new H-1B petitions must be accompanied by a $100,000 supplementary payment in order to qualify for entry consideration. This payment applies only to petitions filed after 12:01 AM ET on that date. The directive is based on sections 212(f) and 215(a) of the Immigration and Nationality Act and is designed to introduce a significant financial barrier to reduce misuse of the visa category.
Who This Affects
Organizations planning to file new H-1B petitions for specialty occupation roles will need to account for this additional cost. Strategic workforce planning, budget forecasting, and international talent acquisition strategies will likely need to be reassessed in light of this change.
Who Is Exempt
This proclamation does not apply to:
- H-1B petitions filed before September 21, 2025
- Beneficiaries of already approved H-1B petitions
- Individuals who currently hold valid H-1B visas
- Current visa holders traveling to or from the U.S.
Strategic Considerations
For companies with global hiring needs or plans to sponsor international talent:
- Carefully assess upcoming roles that may require H-1B sponsorship
- Evaluate the ROI of H-1B hiring in light of the new financial requirements
- Consider alternative visa pathways, such as L-1, O-1, or TN (where applicable)
- Engage legal and immigration counsel early in workforce planning cycles
The Encompass Group is monitoring the impact of this change. For more information on how adapt hiring strategies and remain compliant in a changing regulatory environment, please reach out to us here for more information.
