President Trump issued a Proclamation on Friday night requiring H-1B visa holders to pay a new $100,000 (!) fee before entering the United States. The H-1B visa is used for the relocation of the “best and the brightest” foreigners with academic degrees in fields relevant to their U.S. work assignments.
The President issued the Proclamation with no prior notice and no details as to how it will be implemented. Hundreds of Israeli families planning to relocate to the U.S. this week were thrown into limbo.
Homeland Security issued a Memo early Sunday morning (IL time) clarifying that the new fee applies only to individuals for whom H-1B petitions are filed on or after Sunday, September 21, 2025. Per the Memo:
“This proclamation only applies prospectively to petitions that have not yet been filed…. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.”
Key points for Israeli startups:
- After a day of great uncertainty, the current holders of H-1B visas can be reassured that they may travel to the U.S. from abroad without paying the $100,000 fee.
- The holders of L-1, E-2, O-1 and other work visas were not affected by the Presidential Proclamation.
- The $100,000 fee for newly submitted H-1B petitions effectively ends the viability of the H-1B visa for relocation. Israeli startups will need to utilize other visa options.
Future H-1B petitions will need to take account of the $100,000 fee. Goldfarb Gross Seligman’s Relocation attorneys can assist with strategizing relocation visa options that minimize disruption for your company and employees.
The Presidential Proclamation can be accessed here: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
The Homeland Security Memo can be accessed here:
The content in this update is provided for informational purposes only and is not intended to be comprehensive. It does not serve to replace professional legal advice required on a case by case basis.
