Proclamation Restricting Entry of Certain H-1B Workers

September 21, 2025

UPDATE: September 21, 2025

Since the issuance of the presidential proclamation the U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) have provided important clarification on the scope and application of this proclamation. Guidance from USCIS can be found here and CBP here. 

 According to this guidance:

  • This proclamation only applies prospectively to petitions that have not yet been filed.
  • The proclamation does not impact the ability of a person who has an approved I-797 and a valid H-1B visa to travel to or from the United States.
  • It does not apply to:
    • Beneficiaries of petitions that were filed prior to the effective date of the proclamation (Sunday, September 21, 2025 at 12:01am EST)
    • Beneficiaries of currently approved petitions
    • Individuals currently in possession of validly issued H-1B non-immigrant visas

If you currently hold a valid H-1B visa, we are no longer advising that you defer non-essential travel. However, please review ISSO and Global Travel guidance before leaving the U.S. 

We will keep you informed as more guidance becomes available. If you have travel concerns, please reach out to Jane Acton (Morningside/Manhattanville) or Kathy McVeigh (CUIMC). 

 

September 20, 2025

On September 19, 2025, President Trump issued a Proclamation, restricting the entry of certain H-1B specialty occupation workers into the United States, with limited national interest exceptions. The restrictions are based upon a new $100,000 fee for certain H-1B petitions. 

The Proclamation is set to take effect at 12:01 am EDT on Sunday, September 21, absent a court order suspending implementation.

Key Provisions as of the Effective Date:

  • New H-1B petitions filed for workers outside the U.S. must include a $100,000 payment for the individual to be admitted to the U.S.
  • The Secretary of State is directed not to approve new H-1B entry visas unless the $100,000 payment is made.

Fee payment procedures have not yet been announced. The restriction is temporary (12 months) and set to expire September 20, 2026, unless extended on the recommendation of federal immigration agencies. 

This situation is fluid. Under the Proclamation, it appears that extensions, amendments, and change of employer for H-1Bs already in the United States are unaffected. 

Reuters and Politico have reported that this applies only to new visas, not renewals, and not current visa holders, and that it will first apply in the next upcoming lottery cycle for cap-subject employers. Politico also reports that those who already hold H-1B visas and just happen to be outside of the country right now will not be charged $100,000 to re-enter. 

We will keep you informed as we learn more.  We ask that if you are on an H-1B visa to defer non-essential travel until we receive additional guidance.

If you have time-sensitive travel concerns, please reach out to Jane Acton(Morningside/Manhattanville) or Kathy McVeigh (CUIMC). ISSO cannot provide guidance on externally sponsored H-1B petitions. Such questions must be addressed to the specific employer.

Note that the Department of Homeland Security (DHS) may exempt individual cases, employers, or even entire industries if the employment of H-1B workers is in the “national interest.” It is still unclear as to how this criteria will be defined by DHS. We anticipate agency guidance will be forthcoming to outline qualifying criteria for National Interest Exemptions (NIEs).

We will continue to issue updates on ISSO News.