On September 19, 2025, President Trump issued a Presidential Proclamation restricting the entry of certain H-1B nonimmigrant workers. The proclamation cites widespread abuse of the H-1B program, particularly in the IT sector, as a threat to U.S. workers and national security.
Key Highlights of the Proclamation
- Effective 12:01 a.m. ET, September 21, 2025, foreign nationals seeking entry to the U.S. in H-1B status will be denied admission unless the petitioning employer makes an additional $100,000 payment per petition, or the Secretary of Homeland Security determines that admission is in the U.S. national interest.
- The restriction will remain in effect for 12 months (through September 21, 2026), unless extended.
- The restriction applies only to individuals outside the U.S. seeking to enter in H-1B status.
For Employers
- Review urgently any H-1B employees currently outside the U.S. Ensure they return before 12:01 a.m. ET, September 21, 2025, or budget for the $100,000 payment if you plan to proceed.
- Note: H-1B CAP FY2026 beneficiaries who are currently outside the U.S. cannot enter before September 21, 2025 in H-1B status, and will be impacted by the proclamation.
- Advise all H-1B employees currently in the U.S. not to depart after the effective date unless and until further developments occur (e.g., a court order enjoining the proclamation).
- Evaluate alternatives for affected employees, such as other visa categories (L-1, O-1, TN) or whether a national-interest exemption may apply.
For H-1B Employees
- If you are an H-1B beneficiary physically present in the U.S., note that departing after the effective date will be treated as a new entry attempt. Re-entry may be denied unless your employer has made the $100,000 payment or you qualify for an exemption.
- If travel is unavoidable, contact us before booking so we can review your employer’s payment status, potential exemptions, and consular risks.
- Be prepared for possible visa/entry denial or significant delays if the payment requirement is not satisfied.
This proclamation will almost certainly face legal challenges in court, and its scope and enforceability may change as litigation unfolds. We will continue monitoring developments and provide updates as soon as new information becomes available.