Late in the day on Friday, Sept. 19, 2025, President Trump signed the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. Taft published initial guidance here. 72 hours after the proclamation release and following the issuance of numerous updates and clarifications from government agencies, three items have now been confirmed:
- Individuals who have a valid H-1B visa stamp in their passport are eligible to continue traveling internationally as normal;
- Individuals who are applying for an H-1B visa stamp based on an H-1B petition that was filed prior to Sept. 21, 2025, at 12:01 am EDT remain eligible for a new H-1B visa stamp to be issued; and
- Individuals with a previously approved (before Sept. 21, 2025), unexpired H-1B petition can file for extension of H-1B with USCIS, without being subject to the new fee.
Beyond this, the agency updates have raised additional questions or, at a minimum, failed to provide certainty related to how the proclamation will impact other H-1B situations. For example:
- Will a foreign national who was physically present in the U.S. on Sept. 21, 2025, who then files for a Change of Status to H-1B at a future date be exempt from the entry restriction?
- Will an individual who has an H-1B Extension of Status petition be able to obtain a visa and re-enter utilizing an approval tied to a petition that was filed after Sept. 21, 2025, if they were in the U.S. on that date?
- What factors will be considered in deciding whether to grant a National Interest Exemption (NIE) to an industry, company, or person?
- How does one apply for an NIE?
- Though at least one government official has noted that the proclamation will first be applied under the H-1B lottery, what about petitions that can be filed by cap-exempt entities before the lottery for individuals outside of the U.S.? For example, would this apply to an H-1B petition that is filed in the upcoming months by a cap-exempt (not subject to the lottery) rural hospital for a physician?
- How does one pay the $100,000?
- Will USCIS be authorized to impose the fee despite the government's authority being limited to persons in the process of seeking entry to the U.S.?
Many questions remain for companies and H-1B workers. Taft will continue to monitor the situation closely and provide further bulletins as warranted. In the meantime, unless expressly falling within the three initial fact patterns, Taft recommends reaching out to the Immigration team before any international travel of H-1B workers.
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