Late on 18 September, President Donald J. Trump signed a proclamation that prolongs—until at least 21 September 2027—the controversial restrictions first imposed in 2025 on entry of certain H-1B specialty-occupation workers. Unless sponsoring employers pay a USD 100,000 fee per petition, new H-1B beneficiaries located outside the United States will continue to be refused visas and admission. The order keeps exemptions for ‘national-interest’ cases, but those will be narrowly interpreted by the Departments of Homeland Security and State. Chinese professionals are directly affected. China is the second-largest source of approved H-1B beneficiaries after India; technology, e-commerce and automotive suppliers with China-based R&D centres routinely transfer engineers to U.S. sites under the category. Mobility teams must now budget for the hefty surcharge or reassess project timelines. U.S. consulates in Beijing, Shanghai, Guangzhou and Shenyang are expected to begin verifying proof of payment before scheduling interviews. The proclamation argues the surcharge has successfully driven down petitions from IT staffing firms by more than 90 percent and has shifted lottery selections toward candidates with U.S. master’s degrees. Critics—including U.S. chambers of commerce in China—warn that the measure hampers innovation and complicates global talent rotation, especially for joint ventures that rely on Chinese AI and battery specialists. Practical implications: (1) file cap-exempt H-1B petitions (e.g., for work at qualifying universities) where possible; (2) consider L-1 intra-company transfers as an alternative, although adjudication standards have tightened; (3) allocate additional lead time—45–60 days—for payment processing and consular verification; and (4) update cost-share policies so business units carrying U.S. projects understand the six-figure surcharge. Organisations should also follow pending DHS and Department of Labor rule-makings on wage protections and the weighted H-1B selection lottery, both referenced in the proclamation, as these could further reshape requirements before the FY 2028 filing season.
Source: The White House
