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.