On Friday, September 19, 2025, President Trump signed a proclamation restricting entry by nonimmigrants to perform services in a specialty occupation under 101(a)(15)(H)(i)(b) of the INA unless accompanied by a $100,000 fee. The proclamation applies to new H-1B visa applications (those submitted after 12:01 am September 21, 2025). H-1B visas are used by employers hiring nonimmigrants to perform professional services in certain specialty occupations, such as architecture, engineering, mathematics, physical or social sciences, or healthcare.
The proclamation further provides that the restriction will not apply to noncitizens "if the Secretary of Homeland Security determines, in the Secretary's discretion, that the hiring of such aliens to be employed 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 has generated a number of questions among employers who may impacted by these changes. The U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection have issued memos clarifying that the travel ban "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." The USCIS memo is available here. USCIS has also issued an FAQ providing guidance on the proclamation.
Additionally, the White House issued an FAQ on September 21, 2025. The White House FAQ states that this 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 September 21, 2025.
- 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.
- Prevent any holder of a current H-1B visa from traveling in and out of the United States.
The White House FAQ specifically states the fee for new H-1B visa petitions includes the 2026 H-1B visa lottery.
Pending further clarification, it appears the fee will not apply to employers' current H-1B workers in the United States or H-1B renewals for these workers. The fee may apply to beneficiaries of previously approved H-1B petitions who are currently outside of the U.S. and applying for an H-1B visa for the first time. Employers should expect further clarification on whether this fee will apply to employers seeking H-1B transfers (changes of employer) or amendments for H-1B workers who are actively working in valid H-1B status in the United States.
In an abundance of caution, employers should advise their H-1B workers to postpone or cancel any plans for international travel until the government provides further guidance. H-1B workers who are the beneficiaries of approved petitions but have never applied for an H-1B visa stamp should be especially cautious during this time.
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