On September 19, 2025, President Trump issued a proclamation that bars the entry or reentry of individuals in H-1B status unless a $100,000 fee is paid. The proclamation takes effect at 12:01 a.m. EDT on Sunday, September 21, 2025 (the "effective date"). While litigation and potential injunctions are likely expected, we recommend that H-1B employees currently abroad return to the U.S. before the effective date, if possible. H-1B employees already in the U.S. should remain here until the government provides further clarification.
In addition to the $100,000 entry fee requirement, the proclamation directs multiple agencies to take further action, including:
- Petition Restrictions: DHS must restrict decisions on H-1B petitions for individuals abroad unless accompanied by the $100,000 payment.
- National Interest Exceptions: The restrictions on H-1B employees will not apply to certain workers, employers, or industries if DHS determines their employment is in the national interest and does not threaten U.S. security or welfare. Details on this exception and who may qualify have not been provided.
- B Visa Use: DOS must issue guidance on individuals seeking entry to the U.S. on B visas when they simultaneously hold approved H-1B petitions with start dates before October 1, 2026, presumably to prevent a nonimmigrant from entering on a B visa and then changing status to H-1B.
- Review and Renewal: Within 30 days after the H-1B lottery is completed, the government will decide whether to extend or renew these restrictions.
- Rulemaking Initiatives: DHS is instructed to prioritize admission of "high-skilled and high-paid" nonimmigrants; DOL must revise prevailing wage levels.
Many questions remain unanswered, and further details are likely in the coming days. We are closely monitoring the situation and will continue to provide updates as new information becomes available.
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.
