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On late Friday, September 19, 2025, President Trump issued a sweeping proclamation which aims to impose a new $100,000 fee for certain H-1B petitions and to create new restrictions on the entry of H-1B workers into the United States. The late-breaking news resulted in significant confusion on whether H-1B workers who were overseas could safely return to the United States without paying the new $100,000 fee. On Saturday night, September 20, 2025, U.S. Citizenship and Immigration Service (USCIS) and U.S. Customs and Border Protection (CBP) each released memoranda to clarify the situation and have now confirmed the following:
- H-1B workers who have valid H-1B visa stamps and approved H-1B petitions may travel to the United States after the effective proclamation date of September 21, 2025.
While this update provides some clarity and reassurance for H-1B workers with valid visa stamps, there remains many unanswered questions. Specifically, it is not clear yet how the U.S. Department of State will implement the new fee when H-1B workers apply for visa stamps at U.S. consulates and questions remain on which petition filings will require the new fee after the effective date of the proclamation. In addition, there are questions as to how effectively the guidance has been communicated within CBP and to the airlines. As a result, Pryor Cashman continues to recommend that current H-1B workers remain in the United States until further guidance is issued. Further, employers and employees alike should be aware that agency guidance may evolve rapidly and filing strategies may need to adapt.
This is a quickly developing and dynamic story. Our team will provide additional updates in the coming days and weeks. We recommend that you contact a Pryor Cashman attorney to discuss the impact of the proclamation.
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