On September 19, 2025, President Donald Trump issued a proclamation titled, Restriction on Entry of Certain Nonimmigrant Workers, that will impose a $100,000 government filing fee on employers for new H-1B petitions filed after 12:01 AM ET on Sunday, September 21, 2025 for foreign workers who are outside the United States.
We are providing answers to frequently asked questions based on the language contained in the proclamation and subsequent government clarifying memoranda issued as of September 24, 2025.
NOTE: The information provided in this FAQ is based on Littler's analysis and interpretation of the proclamation and subsequent guidance issued by the U.S. Citizenship and Immigration Services, U.S. Customs and Border Patrol, and U.S. Department of State as of the date of this publication. This information is subject to change without notice as further guidance is issued by the government and events develop. Employers with questions about this proclamation and its implementation are encouraged to consult with immigration counsel.
- Which visa types and/or non-immigrant petitions does this proclamation apply to?
The proclamation applies only to H-1B specialty occupations.1 No other non-immigrant visa categories are mentioned in this proclamation.
- Does this proclamation apply to previously approved or pending H-1B petitions?
Based on the guidance provided by USCIS and CBP on September 20, 2025, this proclamation, “does not apply to individuals 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.”
- Can an individual with a valid H-1B visa stamp travel abroad?
According to USCIS and CBP guidance, “the proclamation does not impact the ability of any current visa holder to travel to or from the U.S.” However, individuals must monitor developments for travel as guidance may change. The implementation of the proclamation by different government agencies may cause delays in the adjudication of H-1B petitions, the issuance of H-1B visas, and entry at U.S. ports of entry.
- Are validly issued H-1B non-immigrant visas impacted by this proclamation?
Based on guidance provided by CBP, this proclamation “does not apply to individuals who are…in possession of validly issued H-1B non-immigrant visas.”
- Are individuals currently employed under H-1B status inside the United States affected by this proclamation?
This proclamation applies to “entry” of individuals on new H-1B petitions filed after 12:01 AM (ET) on September 21, 2025 and therefore, individuals currently employed under H-1B status inside the United States may be exempted. However, cases under this category will need to be evaluated on a case-by case basis. Please address any concerns with your legal counsel to confirm appropriate action items, if any.
- Are extensions and/or amendments of current H-1Bs petitions impacted by this proclamation?
Our interpretation based on the language of the proclamation and the various guidance documents from the agencies is that as extension petitions are not entry requests, they should not be impacted by this proclamation. However, this is an evolving situation and cases under this category must be evaluated based on the most recent guidance received at the time of filing the petition.
- Are there any exceptions to this fee?
Yes, the proclamation states, “[t]he restriction imposed…shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines…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.”
- Are there any exceptions to small employers, non-profits, and/or cap-exempt entities?
The only explicit exceptions are covered in the response to Question 7 above.
- Does this affect H-1B petitions for individuals inside the United States?
H-1B petitions filed for beneficiaries inside the United States, including change of employer, change of status, and amended petitions, are not mentioned in the proclamation. It is unclear whether employers will be required to pay the new fee for these beneficiaries should they subsequently travel outside the United States.
- Can an individual apply for a new H-1B visa based on an approved H-1B petition filed prior to the effective date of the proclamation?
Based on current guidance, this proclamation “does not apply to individuals 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.”
- How long is this proclamation effective?
The proclamation is effective for “12 months after the effective date” of September 21, 2025, and is subject to extension.
We are actively monitoring developments regarding the implementation of the proclamation by government agencies and will be providing updates on significant developments as we receive further guidance.
Footnote
1. Section 101(a)(15(H)(i)(b) of the Immigration and Nationality Act (INA).
