The landscape of U.S. immigration policy is constantly shifting, and a recent presidential proclamation has introduced a new hurdle for companies seeking to hire top global talent using H-1B visas. This isn't just an immigration matter; it's a strategic business issue that could directly impact your ability to recruit, retain, and manage certain members of your workforce. Here’s a breakdown of the key changes and what they might mean for HR leaders.
On September 19, 2025, a presidential proclamation was issued that fundamentally altered the H-1B petition process. The most notable change is a supplemental $100,000 fee now required for certain H-1B petitions. However, it's important to understand the specifics:
This new fee only applies to new H-1B petitions filed on or after September 21, 2025, for individuals who are currently outside the United States and seeking to enter.
Existing H-1B visa holders and those with petitions filed before the deadline are not affected.
The proclamation also directs the Department of Labor to revise prevailing wage rules, which could further impact the cost and feasibility of hiring foreign workers.
This proclamation, along with guidance from U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP), creates immediate challenges for employers. The $100,000 fee for new hires abroad may significantly alter hiring budgets and strategies. It places a premium on finding talent already within the U.S. or navigating the limited "national interest" waiver process, for which details are still sparse.
For HR professionals, this situation highlights the need for proactivity and clear communication. Your foreign national employees may have questions or concerns about their status and future. Addressing these anxieties with empathy and accurate information can be critical for retention and employee morale.
In this period of uncertainty, HR should be at the forefront of the solution. Here are some immediate steps to consider:
Consult Legal Counsel: Work with your legal or immigration team to understand how these changes might specifically impact your organization's future hiring needs.
Communicate with Employees: Be a reliable source of information for your foreign national employees. While you may not have all the answers, a commitment to helping keep them informed can build trust.
Enhance Data Management: With the complexities of visa statuses and renewal timelines, now is the time to ensure you have a robust system for tracking employee information. Manual spreadsheets are no longer sufficient. Centralized immigration case management solutions can help you monitor changes and potentially identify and help avoid critical errors.
This is a developing situation, and litigation or policy clarifications are likely. By staying informed and taking proactive steps, HR can help their organizations better navigate these changes and continue to compete for the best talent, wherever it may be.
Do you have a centralized system for managing your foreign national workforce data? Learn more about Immigration Case Management.
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