Yesterday evening, President Trump issued a Proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The Proclamation, entitled Restriction on Entry of Certain Nonimmigrant Workers, is effective at 12:01 a.m. EDT Sunday, September 21, 2025.
Anyone in H-1B status who is currently abroad should return to the U.S. before the effective date, if at all possible. All H-1B workers presently in the U.S. should refrain from all international travel until further notice. Given the abrupt announcement of the Proclamation, many details are still unclear and we are still waiting for more details regarding implementation. We understand that litigation is already being prepared to challenge the Proclamation. Those who are outside of the country and unable to return before the effective date above will need to await further instructions.
Below are key points and considerations from the American Immigration Lawyers Association (AILA):
- The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
- The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S. pursuant to INA 212(f).
- The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the U.S.
- However, it could impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.
- USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.
- Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt.
- Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
- Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26 – presumably to prevent them from entering and filing a change of status and avoiding the fee.
- Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.
- There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.
We will provide more information as it becomes available.