H-1B Proclamation Updates, Several Questions Remain
UPDATE ON H-1B PROCLAMATION
Following the President’s proclamation titled, “Restriction on Entry of Certain Nonimmigrant Workers”, USCIS has issued a memorandum and FAQs to provide clarifications to the proclamation.
It applies only to NEW, prospective H-1B petitions that have not yet been filed. Per the updated guidance, the new $100,000 payment will be required with any NEW H-1B petition submitted after 12:01 am Eastern Daylight Time on 9/21/25 and will include 2026 H-1B cap-subject lottery petitions.
H-1B petitions filed with USCIS before 9/21/25, as well as approved H-1B petitions, are not affected by the proclamation. The proclamation also 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.” Based on this language, it appears H-1B extensions filed with USCIS are NOT subject to the new $100,000 fee.
Per the updated USCIS and CBP guidance, the proclamation does NOT prevent current H-1B visa holders (i.e., individuals who possess valid H-1B visa stamps in their passports) from traveling abroad and reentering the U.S. Individuals who do not possess a valid H-1B visa stamp in their passport should avoid international travel until further notice.
The proclamation is in effect for 12 months, unless extended. There are potential exemptions available to certain individuals, companies, or industries based on national interest, as determined by the Secretary of the Department of Homeland Security, but no details on the exemption process have been provided to date.
Please note, due to the language of the proclamation itself and differences in the communications – official and unofficial - from the White House, USCIS, DOS, and CBP, this is an evolving situation and many questions remain. For instance, does it truly apply to all new H-1B petitions filed with USCIS, or is it limited to new H-1B petitions filed for beneficiaries outside the U.S. who do not possess a valid H-1B visa and are seeking entry to the U.S.? What about H-1B workers with approved petitions from USCIS who travel abroad and need to apply for an H-1B visa stamp at a U.S. consulate to reenter? Will the proclamation apply to H-1B transfer petitions that are extension of stay petitions?
ImLaw will continue to monitor and sort through additional official guidance issued by the government and will keep you updated. As expected, litigation regarding the proclamation is being prepared by other counsel, but we are not privy to those details yet.
Read more here:
https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf (USCIS memo)
H-1B FAQ | USCIS (USCIS FAQs)
H-1B FAQ - United States Department of State (DOS FAQs)
https://x.com/CBP/status/1969512486627095007/photo/1 (CBP Memo, only posted on CBP X account to date)
Restriction on Entry of Certain Nonimmigrant Workers – The White House (Proclamation)