On Sept. 19, 2025, President Donald Trump signed a proclamation titled Proclamation on Restriction of Entry of Certain Nonimmigrant Workers (the "Proclamation") imposing significant restrictions on H-1B nonimmigrants seeking to enter or reenter the United States.
Though the Proclamation does not appear to make a distinction between new applicants and current visa holders, as of this writing, both Press Secretary Karoline Leavitt and the White House's Rapid Response team have noted on their respective Twitter accounts that it does not apply to anyone who has a current visa (nor does it impact current holders ability to travel in and out of the U.S.) and only applies to applicants in the FY2027 lottery (not those who were approved during this past lottery cycle).
The Proclamation takes effect at 12:01 AM on Sept. 21, 2025, and remains in effect for 12 months. Within 30 days of the next H-1B lottery (March 2026), federal agencies will recommend whether to renew or extend the restriction.
Key Provisions:
- New $100,000 fee: Anyone seeking to enter or reenter the U.S. in H-1B status must pay a new $100,000 fee unless there is a national interest exception. The stated purpose of the new fee is to ensure that only highly skilled individuals, who cannot be easily found in the U.S. labor market, are granted H-1B visa.The Proclamation has not provided a mechanism for payment of the fee.
- Duration: The restriction is set to last for one year but may be extended.
- Who Is Affected: The Proclamation appears to only impact those H-1B workers outside the United States and attempting to enter after the effective date. H-1B workers already in the U.S. are not impacted unless they leave and attempt to reenter during the effective period. Additional clarifications from White House officials suggest this Proclamation may not apply to any current visa holders or applicants approved in the FY2026 H-1B lottery, but will apply only for future applicants in the FY2027 lottery.
- Petition Requirements: USCIS will not adjudicate petitions for H-1B workers outside the U.S. unless proof of payment of the $100,000 fee is provided.
- Extensions & Changes: Extensions of stay, change of employer, change of status, and amended petitions for those already in lawful H-1B status inside the U.S. appear to be exempt, unless further guidance is issued.
Additional Government Actions
- Future Review: Within 30 days of the next H-1B lottery (March 2026), federal agencies will recommend whether to renew or extend the restriction.
- B Visa Guidance: The Secretary of State will issue guidance to prevent misuse of B visas by H-1B beneficiaries with start dates before Oct. 1, 2026.
- Labor Rulemaking: The Secretary of Labor will initiate rulemaking to revise prevailing wage levels and prioritize high-skilled, high-paid nonimmigrants.
Exceptions
- Exceptions may be granted for individuals, companies, or industries if the Department of Homeland Security determines it is "in the national interest and to pose no threat to the security or welfare of the United States." Additional exceptions may be granted, however DHS has yet to issue guidance regarding further exceptions.
- It is unclear whether cap-exempt H-1B workers outside the U.S. are subject to the new fee and restriction.
- The Proclamation applies only to H-1B visa holders – it does not apply to other non-immigrant visa holders including those who hold L-1, O-1, and F-1 nonimmigrant visas. The Proclamation also does apply to individuals with pending Adjustment of Status applications or green card holders.
Best Practice Tips for Clients
- Immediate Action: Employers are encouraged to take an inventory of employees on H-1B visa to assess the full impact of the proclamation on their workforce.
- Travel Advisory: H-1B visa holders currently in the U.S. are advised to avoid international travel until further clarification is provided. H-1B visa holders who are currently outside the U.S. and unable to return to the United States before 12:01 AM on Sept. 21, 2025 should remain outside the U.S. until further guidance is issued.
We anticipate that this Proclamation will be subject to swift legal challenges. It is likely that an injunction will be sought which, if entered, would stay implementation of the Proclamation while litigation proceeds.
Again, this is a fluid situation, and details and applicability set forth above may be further clarified and modified.
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.
