ExecutiveOrdersEO
Proc 10973ProclamationTrump 47 · R

Proclamation 10973

Restriction on Entry of Certain Nonimmigrant Workers

This Proclamation imposes a $100,000 payment requirement on employers seeking H-1B visas for foreign specialty occupation workers, effectively restricting entry of most H-1B workers unless employers pay this substantial fee. The restriction takes effect September 21, 2025, expires after 12 months unless extended, and directs multiple agencies to implement compliance measures and consider rulemakings to revise prevailing wage levels and prioritize high-skilled, high-paid workers.

Federal Register Open PDF 90 FR 46027

Impact dates

  1. In 32d

    Restriction expires unless extended

  2. Secretary of State guidance on B visa misuse

  3. Interagency recommendation on extension due within 30 days after next H-1B lottery completion

  4. Effective date of entry restriction

Market exposure

Policy exposure mapping — not investment advice. Illustrative public companies are incomplete and not recommendations.

Sectors

Technology & softwareOther industrial

Mechanisms

Ban / prohibitionLicensing

Role pressure

  • AdverseDownstream manufacturer — IT outsourcing companies and firms reliant on H-1B labor face dramatically increased costs or loss of workforce access; business models predicated on labor arbitrage are severely disrupted
  • ProtectiveDomestic producer — U.S. technology employers and staffing firms already paying high wages or employing primarily U.S. workers may gain competitive advantage versus H-1B-dependent rivals
  • AdverseImporter — Foreign IT services firms and body shops importing labor via H-1B face near-total barrier to U.S. market entry at $100,000 per worker

Geographies

USINCNOTHER

Exposure dates

  • — Effective date of entry restriction
  • — Restriction expires unless extended

Illustrative public companies

Curated watchlist matches by sector/role — incomplete; not a recommendation.

MMM3MGOOGLAlphabetAAPLAppleCATCaterpillarFCXFreeport-McMoRanGEVGE VernovaHONHoneywellQQQInvesco QQQ TrustMETAMeta PlatformsMSFTMicrosoftNVDANVIDIAORCLOracleSPYSPDR S&P 500 ETF

Confidence: high · Policy alerts

Key directives

  • Restrict H-1B entry unless accompanied by $100,000 payment per alien
  • Secretary of Homeland Security shall restrict decisions on petitions without payment for 12 months
  • Secretary of State shall issue guidance on B visa misuse for H-1B beneficiaries with pre-October 1, 2026 start dates
  • Secretary of State shall verify payment receipt during visa petition process
  • DHS and State shall coordinate to deny entry for unpaid petitions
  • Employers must obtain and retain documentation of payment before filing
  • Joint interagency recommendation due within 30 days after next H-1B lottery completion
  • Secretary of Labor shall initiate rulemaking to revise prevailing wage levels
  • Secretary of Homeland Security shall initiate rulemaking to prioritize high-skilled, high-paid aliens
  • National interest waiver authority for Secretary of Homeland Security

Who is ordered

Timeline

Immediate

  • Effective date: September 21, 2025 at 12:01 a.m. EDT
  • Entry restriction applies to aliens entering after effective date
  • Employers must obtain documentation of $100,000 payment before filing H-1B petitions

Near term (90d)

  • Secretary of State to issue guidance on B visa misuse by H-1B beneficiaries with employment start dates before October 1, 2026
  • Interagency recommendation due no later than 30 days after completion of next H-1B lottery

Long term

  • 12-month restriction expires September 21, 2026 unless extended
  • Secretary of Labor rulemaking to revise prevailing wage levels
  • Secretary of Homeland Security rulemaking to prioritize high-skilled, high-paid nonimmigrants

Risks & tensions

  • Extremely high $100,000 fee may functionally eliminate most H-1B entries, not just deter abuse
  • IT outsourcing sector and staffing firms face existential business model disruption
  • Risk of retaliatory measures from trade partners whose nationals are affected
  • Wage data cited (2000-2019) predates recent market conditions; may not justify current intervention
  • National interest waiver in section 1(c) creates broad discretionary escape hatch with uncertain application
  • B visa guidance timing vague—no explicit deadline for issuance
  • Rulemaking timelines unspecified; prevailing wage revision could take years
Proclamation 10973: Restriction on Entry of Certain Nonimmigrant Workers · Executive Orders