H-1B Restrictions: What Employers and Professionals Should Know — and What Other Options May Be Available

Recent immigration policy updates are reshaping how U.S. employers and foreign professionals approach the H-1B visa. One of the most significant developments came on September 19, 2025, when a Presidential Proclamation introduced new restrictions and a substantial fee requirement for certain new H-1B petitions.

At Zhang-Louie PLLC, our immigration team closely monitors policy changes like this to help employers and professionals understand how new rules may affect current plans, and what alternative immigration strategies may be worth considering.

What Changed Under the New H-1B Proclamation?

The Proclamation temporarily halts decisions on certain new H-1B petitions and restricts entry for affected workers unless a $100,000 fee is paid. The policy took effect on September 21, 2025, and is set to remain in place for 12 months, with the possibility of extension.

Importantly, government guidance clarified that this rule does not apply to all H-1B workers, but rather to specific new H-1B petitions filed on or after September 21, 2025.

When Is the $100,000 Fee Required?

For petitions that fall under the Proclamation:

• The $100,000 fee must be paid online before filing the H-1B petition
• Proof of payment must be included at the time of filing, unless an exception applies

This requirement adds a new layer of financial and procedural planning for employers considering H-1B sponsorship.

Who Is Not Affected by the New Rule?

The Proclamation does not apply to several groups, including:

• Individuals whose H-1B petitions were filed before September 21, 2025
• Individuals who already hold a valid H-1B visa stamp
• Canadian nationals returning to the U.S. with an approved H-1B petition filed before the effective date
• Individuals filing H-1B extensions, amendments, or changes of status, if USCIS approves the request
• Individuals granted a specific exception by the Department of Homeland Security (DHS)

Are Exceptions Possible?

Yes, but they are described as “extraordinarily rare.” DHS may grant an exception only when all of the following are met:

• The worker’s presence is deemed in the national interest
• No qualified U.S. worker is available for the role
• The worker does not pose a security or welfare risk
• Requiring the fee would significantly undermine U.S. interests

Exceptions may apply to:

• Individual beneficiaries
• Specific employers
• Entire industries

These changes reflect a broader trend: the H-1B process is becoming more complex, more expensive, and less predictable. For employers, this can impact hiring timelines and budgets. For professionals, it may mean reassessing whether H-1B remains the most practical long-term option.

In our experience working with professionals across technology, science, healthcare, business, and the arts, many discover that other employment-based immigration pathways may offer greater flexibility and stability.

Looking Beyond H-1B: Alternative Visa Options Worth Exploring

Depending on your background and career trajectory, alternatives may include:

• EB-2 National Interest Waiver (NIW) — for professionals whose work benefits the United States and allows self-petitioning, without employer sponsorship
• EB-1A Extraordinary Ability — for individuals with sustained national or international recognition in their field
• O-1 Visa — for professionals with extraordinary ability or achievement in sciences, business, education, or the arts

Each option has distinct eligibility criteria and strategic considerations. For many qualified professionals, these pathways can reduce reliance on employer sponsorship and avoid the uncertainty associated with the H-1B system.

Immigration policies continue to evolve, and decisions made today can have long-term consequences. Working with an experienced immigration law firm can help ensure that your strategy aligns with both current regulations and your future goals.

At Zhang-Louie PLLC, attorney Zoe Zhang-Louie and her team regularly advise employers and professionals on H-1B matters as well as alternative employment-based visa options. Our role is to help clients understand their options clearly and plan accordingly, especially during periods of regulatory change.

If you are evaluating your next steps in the U.S. immigration process, staying informed is the first step toward making confident decisions.