Proclamation Restricting Entry of Certain H-1B Nonimmigrant Workers

On the evening of Friday, September 19, 2025, President Trump issued a Proclamation requiring H-1B workers, or their sponsoring employers, to pay a $100,000 fee for any H-1B beneficiary entering the United States after 12:01 a.m. EDT on September 21, 2025. The Proclamation sets forth one exception to the $100,000 fee. Specifically, the Proclamation indicates that the $100,000 payment “…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, 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.” https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/. The Proclamation also requires the Secretary of State to formulate guidance to prevent the misuse of the B visa by H-1B beneficiaries in order to circumvent the $100,000 fee.

Although the plain language of the Proclamation would appear to bar even current H-1B visa holders from entering the United States upon the effective date of the Proclamation, the White House announced on September 20 that the Proclamation would apply only prospectively and would not apply to current H-1B visa holders. The White House announcement was followed by a United States Citizenship & Immigration Services (“USCIS”) Memorandum and “H-1B FAQs”, which specify 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.

https://www.uscis.gov/newsroom/alerts/h-1b-faq and https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf.

Further, United States Customs and Border Protection (CBP) likewise issued a Memorandum via X, confirming that the Proclamation “…does not impact aliens who are the beneficiaries of currently approved petitions, any petitions filed prior to 12:01 a.m. ET on September 21, 2025, or aliens in possession of validly issued H-1B non-immigrant visas.” https://x.com/CBP/status/1969512486627095007/photo/1.

While we do not recommend travel at this time for H-1B workers or their spouses since the details surrounding implementation of the Proclamation are still developing, based upon the guidance that has issued thus far, the following individuals appear to be permitted to enter the U.S., without payment of the $100,000 fee referenced in the Proclamation:

• H-1B workers holding a valid H-1B visa;
• Visa-exempt Canadian nationals whose H-1B petitions were filed and approved before September 21, 2025;
• Foreign nationals whose H-1B petitions were filed and approved before September 21, 2025, who have an upcoming visa appointment at a U.S. embassy or consulate may attend their scheduled appointments; and
• Foreign nationals with a currently pending H-1B petition.

Such travelers should be armed with copies of the aforementioned guidance, and should anticipate possible delays at consulates, embassies, and ports of entry due to potential confusion in implementing the new policy.

As you can imagine, this situation is fluid, and we are closely monitoring implementation of the Proclamation and the agency guidance surrounding it. We will issue further updates as additional information becomes available.