Given the unclear language of the Proclamation, entitled Restriction on Entry of Certain Nonimmigrant Workers, that was issued abruptly on Friday afternoon and the lack of initial guidance from the federal agencies, there was much confusion and uncertainty regarding who would be impacted and how. As a result of the widespread confusion, the White House, USCIS and U.S. Customs and Border Protection clarified late yesterday (09/20/2025) that the Proclamation applies only to foreign nationals for whom an H-1B petition is filed on or after September 21, 2025.
The clarifications mean that foreign nationals who currently have a pending or approved H-1B petition or a valid H-1B visa should not be subject to the newly-announced H-1B entry restrictions. They should be able to enter the United States from abroad on or after September 21, 2025, provided that they possess a valid, approved H-1B petition and H-1B visa (if required). Those entering in the coming days should be prepared for possible delays as government agencies begin implementing the new Proclamation and agency guidance.
As a result of the agency clarifications, the new $100,000 fee should only be required for H-1B specialty occupation petitions filed after the Proclamation takes effect on September 21 for foreign nationals who are currently outside of the United States. There is still uncertainty regarding whether all petitions filed after this date will be subject to the fee, if the fee only applies to new petitions or if petitions for extensions are exempt. We await further guidance on these issues as well as on how to file for national interest exemptions.