Visalaw.ai Answers: What Industries Will Be Most Affected by the $100,000 H1-B Proclamation

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Question: What industries in the US will be the most affected by the September H1-B White House Proclamation?

Overview

The industries most affected by the September 2025 H‑1B Proclamation will be those that (1) rely heavily on new H‑1B hires sourced from outside the United States and (2) are dominant users of the H‑1B program. Historically, computer-related fields—computers, software, IT services, and data processing—account for roughly half of approved H‑1B petitions and therefore are poised to bear the greatest immediate impact from the new $100,000 payment requirement for new petitions and the entry restrictions for workers abroad. In addition, cap‑exempt higher education institutions and nonprofit research affiliates are expected to face significant cost and pipeline impacts for new H‑1B hires. Other sectors will be affected to the extent they depend on recruiting H‑1B candidates currently outside the U.S. or had planned to use B‑visa entry followed by change of status to avoid the new payment—an avenue the Proclamation directs the Department of State to curb.

Detailed analysis

What the Proclamation changes, and for whom:

Requires a $100,000 payment to accompany any new H‑1B petition filed at or after 12:01 a.m. EDT on September 21, 2025, including the FY2026 lottery and any other new H‑1B filings after that time [1][2].

Effective 12:01 a.m. EDT September 21, 2025, for 12 months (extendable); it targets the entry of H‑1B workers currently outside the United States under INA 212(f) [3].

USCIS stated it will not adjudicate petitions unless accompanied by proof of the $100,000 payment for H‑1B workers who are currently outside the U.S. [4].

Carve‑outs: The Proclamation does not apply to previously issued H‑1B visas, petitions filed before the effective time and date, or renewals; it does not prevent current H‑1B visa holders from traveling in and out of the U.S. [5][6]. USCIS/CBP guidance indicates it does not apply to individuals with validly issued H‑1B visas or currently approved petitions [7].

National Interest exemptions may be granted case‑by‑case, including potentially for specific companies or industries, if DHS determines the exemption is in the national interest and poses no threat to security or welfare [8].

The Secretary of State will issue guidance to prevent misuse of B visas by beneficiaries of approved H‑1B petitions with start dates before October 1, 2026, aimed at blocking B‑entry plus change‑of‑status strategies that would avoid the $100,000 payment [9].

Industries with the greatest expected impact:

Computer/software/IT services/data processing - DHS has documented that about half of H‑1B approvals are in computer‑related industries; DHS expressly notes these industries would be most affected by changes to the H‑1B program [10].

Because these sectors are the dominant users of new H‑1B hires (including hires located abroad who would need consular processing and admission), they will disproportionately absorb the $100,000 payment on new filings and face entry restrictions for candidates outside the U.S. after the effective date [11][12][13].

Higher education and nonprofit research (cap‑exempt employers) - Commentary highlights that cap‑exempt universities and nonprofits affiliated with universities or research institutions will be hit with the $100,000 payment when they file new H‑1B petitions, increasing costs for academic and research hiring pipelines that rely on H‑1B specialty workers [14].

Any sector recruiting H‑1B candidates who are currently outside the U.S. - Regardless of industry, employers filing new H‑1B petitions for workers abroad face both the new payment and entry limitations during the Proclamation’s effective period, unless a national interest exemption applies [15][16][17].

Employers that previously relied on B‑1/B‑2 entry followed by change of status (to avoid consular processing and fees) will be constrained by forthcoming State Department guidance to prevent that practice through October 1, 2026 start dates [18].

Sectors less immediately affected

Employers filing in‑country H‑1B extensions, amendments, or changes of employer where the beneficiary remains in lawful H‑1B status appear to be exempt (unless new instruction says otherwise), mitigating near‑term impact for ongoing U.S. operations [19].

Current H‑1B visa holders with valid visas can continue to travel; the Proclamation does not bar their reentry, which limits disruption for travel‑heavy roles already in status [20][21].

Expected future effects

The Proclamation also directs DOL to initiate rulemaking to revise and raise prevailing wage levels and DHS to initiate rulemaking to prioritize high‑skilled, high‑paid H‑1B workers—changes that, if finalized, could further shift impacts toward employers with lower wage levels within H‑1B‑reliant sectors, especially in IT services models [22][23][24].

Conclusion

Most affected: computer/software/IT/data processing firms, due to their dominant share of H‑1B usage and reliance on new hires from abroad [25], and cap‑exempt higher education and nonprofit research institutions facing the $100,000 payment on new filings [26].

Broadly affected: any employer in any industry that needs to file new H‑1B petitions for candidates currently outside the U.S., given the entry restrictions and the new payment requirement, absent a national interest exemption [27][28][29][30].

Less affected in the short term: employers handling in‑country H‑1B extensions/amendments/portability for individuals already in H‑1B status, and current H‑1B visa holders’ travel, which are not restricted by the Proclamation [31][32].

Follow‑up legal research questions you can ask

- Has DHS or DOS published additional guidance clarifying whether the $100,000 payment applies to all new H‑1B petitions or only where the beneficiary is abroad at filing? [33][34]

- What criteria and evidentiary standards will DHS use for National Interest exemptions by industry or employer, and have any sectors been identified as presumptively eligible? [35]

- Has DOS issued its B‑visa misuse guidance yet, and what change‑of‑status practices will be disallowed in concrete terms? [36]

- Have USCIS, CBP, or DOS updated their FAQs to address the treatment of cap‑exempt filings, premium processing, or consular scheduling under the Proclamation? [37]

- How will forthcoming DOL prevailing wage rulemaking and DHS lottery prioritization proposals be structured, and what industry‑specific impacts are anticipated? [38][39][40]

Citations:

[1] H-1B FAQ – The White House (Page 2)

[2] DOS H-1B FAQ Website 09/21/25 (Page 2)

[3] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 2)

[4] AILA Practice Alert: Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21 (Page 2)

[5] DOS H-1B FAQ Website 09/21/25 (Page 3)

[6] DOS H-1B proclamation announcement (Page 3)

[7] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 2)

[8] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 3)

[9] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 3)

[10] 10/08/20 USCIS Interim Final Rule Revising Definition of -Specialty Occupation. (Page 29)

[11] H-1B FAQ – The White House (Page 2)

[12] AILA Practice Alert: Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21 (Page 2)

[13] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 2)

[14] Poking Holes at the Poorly Drafted Proclamation Banning H-1B Workers through a $100,000 Fee (Page 3)

[15] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 2)

[16] AILA Practice Alert: Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21 (Page 2)

[17] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 3)

[18] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 3)

[19] AILA Practice Alert: Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21 (Page 2)

[20] DOS H-1B FAQ Website 09/21/25 (Page 3)

[21] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 2)

[22] USCIS H-1B FAQ Website 09/21/25 (Page 2)

[23] H-1B FAQ – The White House (Page 3)

[24] Fact Sheet President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers The White House (Page 2)

[25] 10/08/20 USCIS Interim Final Rule Revising Definition of -Specialty Occupation. (Page 29)

[26] Poking Holes at the Poorly Drafted Proclamation Banning H-1B Workers through a $100,000 Fee (Page 3)

[27] H-1B FAQ – The White House (Page 2)

[28] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 2)

[29] AILA Practice Alert: Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21 (Page 2)

[30] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 3)

[31] AILA Practice Alert: Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21 (Page 2)

[32] DOS H-1B FAQ Website 09/21/25 (Page 3)

[33] AILA Practice Alert: Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21 (Page 2)

[34] H-1B FAQ – The White House (Page 2)

[35] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 3)

[36] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 3)

[37] AILA Practice Alert Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid (Page 2)

[38] USCIS H-1B FAQ Website 09/21/25 (Page 2)

[39] H-1B FAQ – The White House (Page 3)

[40] Fact Sheet President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers The White House (Page 2)