[SEATTLE – September 21, 2005]
September 19, 2025 – 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 effective Sunday, September 21, 2025 at 12:01AM EDT. Proclamation
On September 20, 2025, USCIS and CBP then clarified that the proclamation only applies to petitions filed after 12:01 am EDT on September 21,2025. It doesn’t impact the ability of any current H-1B visa holder to travel or from the U.S. USCIS Clarification
Our recommendation is that H-1B employees should not travel outside the U.S. until implementation of the proclamation is further clarified.
As we wait for more details regarding implementation, here are key points and considerations:
- The Proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, is set to expire after one year but may be extended.
- The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S.
- The proclamation doesn’t apply to H-1B petitions that were filed prior to September 21, 2025, currently approved H-1B petitions, or those with a valid H-1B visa stamp.
- Extensions of stay inside U.S. for H-1B workers including change of employer, change of status and amended petitions are not expressly mentioned, so unless instructed otherwise, it appears they are exempt.
- USCIS shall not adjudicate petitions for H-1B workers who are currently outside of the U.S. unless they are accompanied by proof of payment of the $100,000 fee.
- 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 Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.
Exceptions: There may be exceptions for the $100,000 fee for an individual, a company, or an industry, if Department of Homeland Security 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.
We will continue to monitor and provide updates on the Proclamation.
Weinrich Immigration Law