On September 19, 2025, President Donald Trump issued a proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers" aiming to significantly restrict the H-1B visa program. The H-1B visa program allows U.S. employers to temporarily employ foreign national workers in specialty occupation fields, such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts.
Key Provisions
The proclamation restricts H-1B workers and their employers in several ways and contains the following key provisions:
- Effective Date: The proclamation takes effect at 12:01 a.m. Eastern Daylight Time on September 21, 2025. It expires 12 months after the effective date, but may be extended.
- Admission of H-1B Workers into the U.S.: The proclamation restricts the entry of H-1B workers into the U.S., except those whose petitions are accompanied or supplemented by a payment of $100,000, on or after the effective date. U.S. Customs and Border Protection will deny entry to the U.S. to any H-1B nonimmigrant for whom the employer has not made the payment.
- Decisions on H-1B Petitions by U.S. Citizenship & Immigration Services: The government will restrict decisions on H-1B petitions not accompanied by a $100,000 payment for H-1B workers who are outside of the U.S.
- H-1B Visa Stamping Applications: The U.S. Department of State (including consulates and embassies) will verify receipt of the $100,000 payment and will only approve those H-1B visa stamp applications for which the employer has paid the required fee.
- Prevention of B Visa Misuse by H-1B Visa Beneficiaries: The proclamation also calls for the issuance of guidance to prevent misuse of B (visitor) visas by beneficiaries of approved H-1B petitions that have an employment start date beginning prior to October 1, 2026. This provision seeks to prevent individuals from entering the U.S. as visitors and changing status to H-1B.
- Exceptions: The proclamation includes an exception for employees working for a company or working in an industry, if the Secretary of Homeland Security determines, in her discretion, that the hiring of such individuals as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States. The proclamation, however, does not specify the criteria, application process, or timeline for such exceptions.
- Additional Future Restrictions: The proclamation directs the Secretary of Labor to initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.
Further Clarifications
On Saturday, September 20, 2025, U.S. Citizenship & Immigration Services posted a policy memorandum, stating: "This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States."
Additionally, USCIS published H-1B Frequently Asked Questions on September 21, 2025 (FAQs), clarifying that the Proclamation does not:
- Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
- Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
- Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
We advise individuals to monitor future government announcements for further clarification on the proclamation's implementation.
Key Takeaways for Employers and H-1B Workers
Many questions remain unanswered, including the applicability of the Proclamation to cap-exempt H-1B petitions and the ability to file change of employer H-1B petitions on behalf of individuals who are in the U.S. The government has also not provided any details regarding the process to apply for a national interest exception. It is unclear how the Proclamation will be implemented with respect to travel outside of the U.S.
Employers should evaluate how this proclamation affects their current H-1B workforce and consider alternative options for highly skilled talent. Monitoring updates and guidance on exceptions, as well as any potential litigation, will be crucial in the coming weeks.
Absent emergent circumstances, individuals holding H-1B status who are currently in the U.S. should avoid traveling outside the U.S. until they are able to assess the implementation of the Proclamation with respect to international travel. Those outside the U.S. who have valid H-1B visa stamps (or Canadians who are visa-exempt) or who need to apply for a visa stamp should consult with counsel to discuss their travel strategy.
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