On September 19, President Donald J. Trump issued a proclamation imposing restrictions on the entry of H-1B nonimmigrants into the United States.
According to the proclamation, "the H-1B nonimmigrant visa
program was created to bring temporary workers into the United
States to perform additive, high-skilled functions, but it has been
deliberately exploited to replace, rather than supplement, American
workers with lower-paid, lower-skilled labor. The large-scale
replacement of American workers through systemic abuse of the
program has undermined both our economic and national security.
Some employers, using practices now widely adopted by entire
sectors, have abused the H-1B statute and its regulations to
artificially suppress wages, resulting in a disadvantageous labor
market for American citizens, while at the same time making it more
difficult to attract and retain the highest skilled subset of
temporary workers, with the largest impact seen in critical
science, technology, engineering, and math (STEM) fields...It is
therefore necessary to impose higher costs on companies seeking to
use the H-1B program in order to address the abuse of that program
while still permitting companies to hire the best of the best
temporary foreign workers. "
Entitled, "Restriction on Entry of Certain Nonimmigrant
Workers," the proclamation introduces a significant financial
requirement for certain H-1B petitions, with a mechanism for
exceptions based on national interest.
Here's what you need to know:
- Restriction on Entry: The entry of H-1B nonimmigrants (those coming to perform services in a specialty occupation) is restricted unless their petitions are accompanied by a $100,000 payment. This restriction is set to expire 12 months after the effective date, which is September 21, 2025.
- Petition Processing: The Secretary of Homeland Security is instructed to restrict decisions on H-1B petitions for workers currently outside the U.S. that are not accompanied by the $100,000 payment. This restriction is also in place for 12 months.
- B Visa Misuse: The Secretary of State is to issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions with start dates before October 1, 2026.
- Exceptions: The restrictions do not apply if the Secretary of Homeland Security determines that hiring certain H-1B workers is in the national interest and does not pose a threat to U.S. security or welfare.
For those affected or seeking more specific guidance, continue to consult our guidance while these developments unfold.
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.
