Presidential Proclamation Restricts Entry of H-1B Workers Effective Sunday, September 21, 2025 at 12:01 AM ET

On Friday, September 19, 2025, President Trump issued a Proclamation that restricts entry of H-1B nonimmigrants unless their underlying petition is accompanied or supplemented by a payment of $100,000. The effective date of the proclamation is 12:01 AM EDT on Sunday, September 21, 2025.   

We advise clients who are abroad to return to the U.S. by the end of the day, Saturday, September 20, 2025, and clients who are in the U.S. to refrain from any international travel until implementation is clarified.  

Below is a summary of key points of the proclamation: 

• The proclamation expires in 12 months from the effective date but may be extended. 

• The proclamation restricts entry of H-1B workers into the U.S. who are currently outside the U.S. and attempt to enter the U.S. after the effective date, unless their underlying petition is accompanied or supplemented by a payment of $100,000. 

• The proclamation does not appear to impact H-1B workers already in the U.S. However, it could impact H-1B workers in the U.S. who depart and attempt to reenter the U.S. in H-1B status during the effective period of the proclamation. 

• The proclamation indicates that there may be exceptions for individuals, companies, or industries if the Department of Homeland Security (DHS) determines that the work is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. However, the Proclamation does not expressly address who will be exempt or whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.  

• U.S. Citizenship & Immigration Services (USCIS) shall not adjudicate H-1B 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. 

• The proclamation does not expressly cover H-1B petitions for beneficiaries in the U.S. who maintain lawful nonimmigrant status including those seeking extension of stay, change of status, change of employer, and/or amended petitions. 

• Within 30 days of the next H-1B lottery in 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. 

• The Secretary of State shall issue guidance to prevent the misuse of B visitor 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. 

Goldblum, Pollins & Dennis is continuously monitoring the situation and will provide further updates as the situation develops.

DOS Announces Revised Visa Interview Waiver Policy

On December 21, 2023, the U.S. Department of State (DOS) announced a revised visa interview waiver policy for certain eligible nonimmigrant visa applicants that is broader in some respects and more limiting in others than the policy that expired December 31, 2023.

The new policy is effective January 1, 2024 and will be in place "until further notice." That means it does not have a set expiration date as have the prior policies, but DOS does plan to review the policy with DHS on an annual basis.

The prior visa interview waiver policy covered first-time F, M, J, H, L, O, P, and Q nonimmigrant visa applicants who were previously issued any type of nonimmigrant visa, even if that prior visa expired more than 48 months ago, as well as applicants who were citizens of a Visa Waiver Program (VWP) country and had previously traveled to the United States in WB or WT status on an ESTA authorization.

The December 21, 2023 DOS visa interview waiver policy replaces this visa-specific approach to cover applicants "applying for any nonimmigrant visa classification," but it also adds the following restrictions:

• Prior entry under the VWP under ESTA or having been issued a B visa will not be recognized as a basis for eligibility; and

• The prior nonimmigrant visa that is the basis for eligibility cannot have expired more than 48 months ago.

The December 21, 2023 DOS visa interview waiver policy continues the ongoing policy that provides "applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for interview waiver until further notice."

To be eligible for an interview waiver, applicants must also meet certain criteria, including that they:

• apply in their country of nationality or residence.

• have never been refused a visa (unless such refusal was overcome or waived).

• have no apparent or potential ineligibility.

Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions.

To understand how the revised policy may impact your travel plans, please contact us.

Supreme Court Rules to Keep Optional Practical Training Intact

On October 2, 2023, the U.S. Supreme Court indicated that it will not hear the WashTech case (Washington Alliance of Tech. Workers v. Department of Homeland Security) that challenged the legality of the Department of Homeland Security’s authority to create and maintain its Optional Practical Training (OPT) program for international students (F-1). This puts the case to rest once again, and leaves in place the lower courts' decisions upholding the program. The court’s decision to leave OPT intact resolves a major area of uncertainty for international students and preserves an important tool—applied learning—for student advancement and U.S. competitiveness in the global economy.

DOS Announces Expiration of COVID-Era Visa Application Fee Receipts; Appointments Must Be Scheduled by 9/30

On September 1, 2023, the U.S. Department of State announced that all receipts for Machine-Readable Visa (MRV) fees issued before October 1, 2022, will expire on September 30, 2023. Per State, there will be no further extensions of fee validity.

This means that visa applicants must schedule an appointment or submit an interview waiver application before September 30, 2023 to avoid paying a new fee. Note! The interview itself does not need to take place before September 30, but an appointment must be made in the system, even if the event is scheduled months in the future.

State cautions applicants against attempting to change appointment dates after October 1, 2023, because doing so will result in forfeiture of both the original appointment slot and the MRV fee. The applicant would be required to pay a new fee and submit a new application package.

DHS Expands List of Fields Eligible for STEM OPT

The U.S. Department of Homeland Security added eight fields of study to the latest revision of its STEM (science, technology, engineering, and mathematics) Designated Degree Program List on July 12. Among the new fields are landscape architecture; institutional research; mechatronics, robotics, and automation engineering technology/technician; composite materials technology/technician; linguistics and computer science; developmental and adolescent psychology; geospatial intelligence; and demography and population studies. Full descriptions of these fields can be found in the Federal Register notice.

International students who earn degrees in fields on the list qualify for the STEM Optional Practical Training (OPT) program, which allows F-1 students to work in the United States for 3 years instead of the 1 year allowed under the standard OPT program. The STEM OPT list was last expanded in January 2022, when 22 fields were added. Notably, the DHS STEM OPT Designated Degree Program List is an exclusive list: CIP codes that are not on this list are not eligible for STEM OPT.

There is an annual deadline of August 1 for interested parties to nominate additional CIP codes for the DHS STEM Designated Degree Program List. The next annual deadline is August 1, 2023.

USCIS Extends Suspension of Biometrics Requirement for H, L, E Dependents Through September

USCIS has extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. The previously announced suspension, which was initially in place until May 17, 2023, has been extended through September 30, 2023. The Service retains discretion, on a case-by-case basis, to require biometrics for any applicant, and applicants may be scheduled for an application support center appointment to submit biometrics. USCIS plans on establishing a permanent biometrics exemption for all Form I-539 applicants in the coming months.

U.S. Department of State Raises Visa Processing Fees Effective May 30

A new regulation from the U.S. Department of State (DOS) will raise key visa processing fees, effective May 30, 2023. For example, the Machine Readable Visa (MRV) fee for F-1, J-1, and other non-petition-based visas rises 15.6 percent, from $160 to $185, and the MRV fee for petition-based categories, such as H-1B and O visas, rises 7.9 percent, from $190 to $$205. The final rule, published on March 28, 2023, raised most visa and border crossing card fees, but not as much as in the proposed rule, and the rule does maintain the current INA 212(e) 2-year home residence waiver application fee at $120.

Bloomberg News Reports State Department Plans Pilot for Domestic Visa Renewal

Bloomberg News reported on February 9, 2023, that the U.S. State Department will launch a pilot program later this year offering visa renewal options in the US for H-1B specialty occupation workers and other temporary visa holders who are currently required to travel abroad.

Reestablishing the practice of stateside visa renewals, which were discontinued in 2004, will save those applicants from having to leave the country, and will reduce the workload of consular offices abroad, Julie Stufft, deputy assistant secretary for visa services in the Bureau of Consular Affairs, told Bloomberg Law in an interview.

A stateside renewal process would be immensely beneficial for beneficiaries impacted by numerous consular closures and months-long wait times for visa interviews.