Restriction on Entry of Certain Nonimmigrant Workers

On September 19, 2025, the White House issued a proclamation to impose restrictions on the H-1B nonimmigrant visa program, citing concerns about its exploitation by employers. The proclamation addresses the increasing replacement of American workers in high-skilled jobs, particularly in the technology sector, by lower-paid foreign workers. It outlines a requirement for a $100,000 payment to accompany H-1B applications as a measure to deter abuse and protect American labor interests.

The proclamation highlights the significant growth of foreign workers in STEM fields over the past two decades and the adverse effects on American workers, including higher unemployment rates among recent graduates in computer science and engineering. It presents cases of American workers being laid off while their positions are filled by H-1B visa holders as evidence of systemic issues within the program. The proclamation also emphasizes that the misuse of the H-1B program poses not only economic but also national security risks due to allegations of fraud and illicit activities associated with outsourcing companies.

To implement these changes, the Secretary of Homeland Security is tasked with enforcing the new payment requirement, and the proclamation includes provisions for ongoing evaluation of its impact on labor markets. The White House intends for these measures to ensure that the H-1B program serves its original purpose of supplementing rather than undermining the American workforce. The administration views these restrictions as necessary to safeguard American jobs and maintain competitive wages in the labor market.

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