On September 20, 2025, USCIS issued a memorandum clarifying President Trump's September 19, 2025, Proclamation restricting entry to the United States of certain H-1B nonimmigrant workers. The following day, on September 21, 2025, the White House released an "H-1B FAQ" providing additional guidance.
While many questions still remain unanswered, both USCIS and the White House have confirmed that the Proclamation applies only prospectively to petitions that have not yet been filed. More specifically, the new restrictions and associated fees under the Proclamation apply only to new H-1B petitions filed after 12:01 AM ET on September 21, 2025.
This means that the Proclamation does not apply to the following individuals:
- Foreign nationals who are beneficiaries of H-1B petitions filed prior to September 21, 2025, whether they are currently inside or outside the United States;
- Foreign nationals who currently have valid H-1B visas and wish to travel in and out of the U.S.;
- Foreign nationals who seek to renew expired H-1B visas or apply for initial H-1B visas at a U.S. Embassy or Consulate abroad, provided they are applying for such visas based on H-1B petitions filed before September 21, 2025.
Accordingly, individuals falling under one of the above-listed categories are not impacted by the Proclamation and may continue to travel abroad and reenter the United States in H-1B status.
We will continue to closely monitor the situation, and we will provide additional updates as new information becomes available. If you have any questions or need additional information about this alert, please contact the HSF Kramer Immigration Group.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
