Immigration Alert For H-1B Employers And Workers: H-1B Travel Restrictions To Take Effect On Sunday, Sept. 21, 2025 At 12:01 A.m. Eastern Daylight Time

At a Glance:

On Friday, Sept. 19, 2025, President Trump signed a proclamation, titled "Restriction of Entry of Certain Nonimmigrant Workers."

The proclamation bans (1) entry of individuals into the U.S. in H-1B status, (2) approval of H-1B petitions filed for individuals who are outside the U.S., and (3) approval of H-1B visas without payment of a $100,000 fee or an exemption from the fee granted by the Secretary of Homeland Security.

The proclamation takes effect on Sept. 21, 2025, at 12:01 a.m. Eastern Daylight Time.

Key Takeaways:

H-1B workers who are outside the U.S. are encouraged to return to the U.S. before the proclamation takes effect on Sunday, Sept. 21, 2025, at 12:01 a.m. Eastern Daylight Time.

H-1B workers who are in the U.S. are encouraged to remain in the U.S. until the details of the proclamation's implementation are further clarified.

Details:

• The proclamation takes effect on Sept. 21, 2025, at 12:01 a.m. Eastern Daylight Time.
• The proclamation expires twelve months after it takes effect, but may be extended.
• The entry ban seemingly prohibits all individuals from entering the U.S. in H-1B status without payment of the $100,000 fee or an exemption, regardless of whether the individual seeks to enter the U.S. in H-1B status for the first time or seeks to re-enter the U.S. in H-1B status after a trip abroad.
• The ban on approval of H-1B petitions without payment of the $100,000 fee or an exemption applies only if the H-1B beneficiary is outside the U.S. This ban seemingly prohibits USCIS from approving both initial and extension H-1B petitions without the $100,000 fee or an exemption if the H-1B beneficiary is outside the U.S.
• The proclamation grants the Secretary of Homeland Security the discretion to provide exemptions from the $100,000 fee if the Secretary of Homeland Security determines that the hiring of particular individuals, individuals working at specific companies, and individuals working in particular industries in H-1B status is in the national interest and does not pose a threat to the security and welfare of the U.S.
• The proclamation directs the Secretary of State to issue guidance to prevent individuals with approved H-1B petitions with employment start dates prior to Oct. 1, 2026, from misusing B (visitor) visas, presumably, to circumvent payment of the $100,000 fee.
• The proclamation requires employers to obtain and retain documentation showing that the $100,000 fee has been paid prior to filing an H-1B petition on behalf of an individual who is outside the U.S. It is not readily apparent whether an employer may seek an exemption from the Secretary of Homeland Security prior to filing an H-1B petition for an individual who is outside the U.S.
• The proclamation directs the Secretary of State to approve H-1B visa "petitions" (presumably "applications") only if the $100,000 fee has been paid. It is not readily apparent whether an exemption from the Secretary of Homeland Security authorizes the Department of State to approve an H-1B visa application without the $100,000 fee.
• Within thirty days of the FY 2027 H-1B lottery (to take place in March of 2026), the proclamation directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to submit a recommendation to the President on whether the restriction on entry should be extended or renewed.
• The proclamation directs the Secretary of Labor to initiate rulemaking to revise prevailing wage levels, which are used to set wages for H-1B workers.
• The proclamation directs the Secretary of Homeland Security to initiate rulemaking to prioritize the admission of highly skilled and highly paid foreign nationals to the U.S.

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