On September 19, 2025, US President Donald Trump signed a Presidential Proclamation (the Proclamation), which restricts the entry of H-1B non-immigrants into the United States, unless their employers have paid a US$100,000 fee. This restriction is limited to H-1B non-immigrants only; it does not affect other non-immigrant categories (e.g., TN, L-1, E-1, E-2, etc.).
The Proclamation came into effect at 12:01 a.m. ET on September 21, 2025 (the Effective Date), and it will remain in effect for 12 months unless it is extended. Within 30 days of the next H-1B lottery (which will begin in March 2026), the Secretary of State, the Attorney General, the Secretary of Labor and the Secretary of the US Department of Homeland Secretary (DHS) are required to jointly submit a recommendation to the President as to whether renewing or extending the travel restriction is in the best interest of the United States.
According to the Proclamation, the following restrictions are imposed on H-1B non-immigrants, as of the Effective Date:
- The entry of H-1B non-immigrants is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of US$100,000.
- The DHS Secretary will restrict decisions on petitions not accompanied by the US$100,000 payment for H-1B workers who are currently outside the United States.
The only exception relates to aliens whose H-1B employment is in the national interest and who do not pose a threat to the security or welfare of the United States.
Based on the language of the Proclamation, it is not entirely clear whether a separate US$100,000 fee will be required for each H-1B filing or if it will be an annual fee to be paid by the employer, which will cover multiple H-1B petitions filed during the year. On September 19, 2025, Commerce Secretary Howard Lutnick told reporters that the fee would be an annual cost for companies. However, on September 21, 2025, White House Press Secretary Karoline Leavitt posted on X that it was not an annual fee (which would cover multiple H-1B filings) and that it would apply only to the specific petition filing. Unfortunately, this issue will not be resolved until DHS issues official guidance.
Based on the language of the Proclamation, it was initially unclear whether existing H-1B holders who were outside the United States on or after the Effective Day, or those who travelled abroad after the Effective Date, would be denied entry. However, the Proclamation also mentions that the Secretary of State must issue guidance, as necessary and to the extent permitted by law, to prevent the misuse of B (visitor) visas by beneficiaries of approved H-1B petitions that have an employment start date beginning prior to October 1, 2026. This strongly suggests that the initial intent of the Proclamation was to also restrict the entry of foreign national's whose H-1B petitions were already approved before the Effective Date.
This issue now appears to be resolved. On September 20, 2025, the Director of U.S. Citizenship and Immigration Services (USCIS) issued a memorandum, which stated the following:
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.
U.S. Customs and Border Protection (USCBP) issued a similar memorandum on the same day. White House Press Secretary Karoline Leavitt also confirmed, in her post on X, that the Proclamation will apply only to new H-1Bs, not renewals, and not current visa holders; it will first apply in the next upcoming H-1B lottery cycle (i.e., March 2026).
In summary, the H-1B travel ban will not apply to the following foreign nationals:
- Foreign nationals who are beneficiaries of H-1B petitions that were filed before the Effective Date, even if those petitions are not adjudicated until after that date;
- Foreign nationals whose H-1B petitions were approved before the Effective Date; and
- Foreign nationals who hold a validly issued H-1B visa.
This means that existing H-1B non-immigrants who are outside the United States as of the Effective Date, or who travel abroad after that date, will not be denied entry/re-entry to the United States. It also confirms that beneficiaries of H-1B petitions filed on or before the Effective Date will not be denied entry, even if their petitions are not adjudicated until after that date.
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