Trump's $100K H1B Proclamation: What It Actually Means (Stop Panicking)
Most H1B holders aren't affected. Here's who is, who isn't, and what's still unclear.
September 19, 2025 - 8:00 PM ET
I'm watching our WhatsApp group explode with panic right now. Let me break down what this proclamation ACTUALLY says, not what lawyers want you to fear.
The Actual Facts
Trump just signed a proclamation requiring a $100,000 payment for H1B petitions. It goes into effect September 21, 2025 (this Sunday) for 12 months.
But here's what everyone's missing:
Who This ACTUALLY Affects
READ Section 1(b) and 3(a) carefully:
The $100K requirement applies to "H-1B specialty occupation workers...who are currently outside the United States" and "aliens who enter or attempt to enter the United States."
You're NOT Affected If:
✅ H1B Transfer - You're already in the US changing employers
✅ H1B Extension - You're extending your current H1B
✅ F1 to H1B - You're changing status while in the US
✅ Self-Sponsorship - You're already here starting your company
✅ Currently in US - You're not leaving the country
You ARE Affected If:
❌ New H1B from abroad - Company trying to bring you from India/elsewhere
❌ Outsourcing companies - Infosys, TCS, Wipro bringing consultants
❌ First-time H1B - You're outside US trying to come in
The Big Unknown: Re-entry
Critical question: If you leave the US to visit family, can you come back without paying $100K?
The proclamation is ambiguous. It says "enter or attempt to enter" but also talks about "petitions accompanied by payment." You don't file a petition to re-enter with a valid visa.
My interpretation: Re-entry with valid visa should be fine. But I wouldn't travel until we get clarification.
Why This Is Actually Good for You
If you're an H1B holder already in the US, this proclamation just made you MORE valuable:
Your replacement costs $100K more - Companies can't just replace you with cheaper labor
Outsourcing firms are dead - They can't pay $100K per consultant
Your negotiating power increased - You're now expensive to replace
Self-sponsorship unchanged - You can still start your company
Legal Reality Check
Let's be clear about what this is:
It's a proclamation, not law - Can be challenged in court
12-month duration - Expires September 2026
Has exemptions - "National interest" waiver possible
Will face lawsuits - Remember what happened to other immigration proclamations?
Presidential proclamations get reversed all the time. Remember the H4 EAD drama? Still here. The "Buy American Hire American" order? Didn't stop H1Bs.
What You Should Actually Do
If You're in the US:
Don't panic - You're likely not affected
Don't travel internationally - Wait for clarification
Focus on your business - This changes nothing for self-sponsorship
Consider O1 - Not affected by this at all
If You're Outside the US:
F1 student route - Still viable
O1 visa - Completely unaffected
L1 visa - Not mentioned in proclamation
Wait it out - 12 months isn't forever
The Real Target
Read the proclamation carefully. It's aimed at:
IT outsourcing companies
"Body shops" undercutting wages
Companies laying off Americans while hiring H1Bs
It's NOT aimed at:
Legitimate high-skilled workers
Founders building companies
People already contributing to the US economy
Stop Listening to Fear Merchants
I'm already seeing emergency webinars and urgent consultation offers everywhere. "EMERGENCY WEBINARS" and "URGENT CONSULTATION" offers. They feed on your fear.
The same people who told you:
"H1B is dead" in 2017 (still here)
"H4 EAD will end" in 2019 (still here)
"Green cards impossible" in 2020 (people still getting them)
The Bottom Line
If you're in the US, you're probably fine. If you're planning to travel, wait for clarification. If you're building a business, keep building.
The hardest part is actually having a business. Rest all is solvable.
This too shall pass. Every administration tries this. Courts push back. Business lobbies fight. Life goes on.
In my experience, these proclamations create more noise than actual change.
Focus on what you can control: Your business, your skills, your network.
Stop reading immigration forums. Start building your company.
Questions? Join the discussion in our WhatsApp group where 1,400+ founders are navigating this together.
Disclaimer: This is analysis based on the proclamation text, not legal advice. Consult an immigration attorney for your specific situation. But maybe wait until Monday when they've actually read it too.
“Hi all-We have now reviewed the actual text of today's Presidential Proclamation on H-1B visas, which you can find here: Restriction on Entry of Certain Nonimmigrant Workers - The White House.
Here's what you need to know:
First, the proclamation is structured as a travel restriction. Beginning at 12:01 am eastern time on September 21, 2025 (so, 9:01 pm Pacific time tomorrow), individuals will not be able to enter/return to the U.S. in H-1B status unless their petition has an additional $100,000 payment associated with it.
What you need to do:
• If you are in H-1B status and are in the U.S., you should remain in the U.S. for the foreseeable future. We know this may interrupt your travel plans. But the critical thing is to stay in the U.S. in order to avoid being denied reentry.
• While the proclamation doesn't reference H-4 dependents, we also recommend that H-4s remain in the U.S.
• If you are in H-1B or H-4 status and are currently outside the U.S., we strongly recommend that you do what you can to return to the U.S. tomorrow before the deadline The Proclamation was released within the last 30 minutes, so we realize that there isn't much time to make sudden travel arrangements. But again, we strongly encourage you to do your best to return.
I will be updating this post later this evening with a form for people to fill out if they are currently outside the U.S. with an H-1B visa. We want to be able to follow up with each individual and provide support and guidance as they try to return within the next 28 hours.
The proclamation does not impact any other visa statuses.
There is other content about the pause in processing H-1B petitions for individuals who are outside the U.S. At this time, we do not interpret this to immediately impact extensions of H-1B status or changes of status to H-1B as long as you are currently in the U.S. We'll share more about that later.
1 know these developments are creating anxiety and uncertainty for many of you. While we don't have all of the answers right now, we ask that you prioritize the recommendations…”