On 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. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.
While we wait for details regarding implementation, below are key points and considerations:
- The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
- The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S. pursuant to INA 212(f).
- Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt.
- 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 State shall issue guidance to prevent the misuse of B 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.
Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS 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. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.
We believe that there will be immediate court challenges to this new directive and we believe that the President does not have authority to make such a change without congressional approval. There are many unleft questions. What about people in the US on OPT (Optional Practical Training) that get selected in the lottery who are not outside of the US? If they leave the US to get a visa stamp, does it apply? What if they are on a petition extension and depart to go their home country for a new stamp? Does the new law apply? Trump’s Press Secretary, Karoline Leavitt, stated on X that those who hold h-1b visa and are currently outside of the US will not be charged. H-1b holders can leave and re-enter the country to the same extent they normally would. This new law applies to new visas not renewals and not current visa holders. They are saying that it will first apply in the next upcoming lottery cycle. This is merely a X comment so we are not sure at this time and we seek clarification. If this holds in any case, the H-1b will cease to be used except for exempt companies. Stay tuned as we get more information on this issue.
FURTHER BREAKING NEWS:
20 September 2025, USCIS has issued a memo as follows
On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, to address systemic abuse of H-1B nonimmigrant visas. Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000. This guidance applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025. This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.
Therefore, it seems that this shall affect ANY new H-1b petition filed after September 21st, 2025. The statement by Ms. Leavitt though is inconsistent with USCIS since USCIS isn’t differentitating between those currently in the US or even extensions.
Jeff Joseph, President of the American Immigration Lawyers Association (AILA) said, “America’s need for talented foreign professionals to fill critical workforce gaps, keep the economy moving forward, and create new jobs has not changed under the Trump Administration. But overnight, this Administration has turned the high-skilled H-1B program into a ‘pay-to-play’ system. By requiring H-1B workers to pay an exorbitant $100,000 fee to participate, the administration has effectively shut out teachers, non-profits, researchers, rural doctors, clergy, and other professionals who simply can’t afford Trump’s elitist revisioning of the H-1B program. Rather than working with Congress to strengthen and revitalize this critical high-skilled worker program, the President has overstepped his executive authority on a proposal that will undermine innovation and prevent businesses both large and small from accessing the talent they need. This is not about replacing American workers, it is about expanding opportunities, building new industries, and keeping America globally competitive. Locking out innovators and job creators at a time when our economy still faces post-pandemic challenges makes zero sense.”
AILA Executive Director Benjamin Johnson added, “These announcements attempt to rewrite laws created by Congress, which clearly established the parameters and purpose of the H-1B program and employment-based green cards, their fees, and the formal process for making changes. It will not stand up in court. But litigation takes time, and in the meantime, we are inflicting needless harm on ourselves. This sends a signal to the world’s top talent that the United States is closing its doors. These are scientists, doctors, engineers, and entrepreneurs who help build companies, expand research, and strengthen communities. Study after study confirms that H-1B workers do not take jobs away from Americans but instead they help create them. By complementing the U.S. workforce, they drive economic growth, expand innovation, and open up entirely new sectors of employment. If we push this talent away, America will lose—jobs will be lost, innovation will slow, and we will forfeit our competitive edge in areas such as business, healthcare, and technology.”