On September 19, 2025, President Trump issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”. This order restricts the entry of individuals seeking to enter or reenter the U.S. in H-1B status unless they pay a new $100,000 fee.
The proclamation goes into effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and will remain in place for one year—though it may be extended.
Below, we outline the key points and what this means for H-1B workers and employers.
Key Provisions of the Proclamation
Effective Date: September 21, 2025, at 12:01 a.m. EDT.
Duration: The restriction lasts for 12 months, but the administration may extend it.
Who Is Affected:
H-1B workers currently outside the U.S. who attempt to enter or reenter after the effective date.
H-1B workers inside the U.S. are not directly impacted, but leaving the U.S. during this period could make reentry subject to the new restrictions.
USCIS Petitions: USCIS will not adjudicate H-1B petitions for workers abroad unless the petition includes proof of payment of the $100,000 fee.
Exemptions: Extensions of stay, change of employer, change of status, or amended petitions for H-1B workers who remain lawfully in the U.S. do not appear to be affected.
Future Review: Within 30 days of the next H-1B lottery (March 2026), multiple government agencies must jointly recommend to the President whether to renew or extend the restrictions.
Additional Measures:
The Secretary of State will issue guidance to prevent misuse of B visas by H-1B beneficiaries seeking to avoid the fee.
The Secretary of Labor will begin revising prevailing wage levels and prioritize admission of high-skilled, high-paid nonimmigrants.
What This Means for H-1B Workers
H-1B employees currently outside the U.S. should make arrangements to return before the effective date.
H-1B workers should avoid international travel until more guidance is available, as reentry may be restricted.
Cap-subject H-1B beneficiaries with approved petitions and valid visas are encouraged to enter the U.S. immediately to avoid complications.
Our Guidance for Employers and H-1B Employees
The Law Firm of Shihab & Associates strongly advises employers and employees to act quickly:
Ensure H-1B workers abroad return to the U.S. before the proclamation takes effect.
Refrain from unnecessary international travel for H-1B employees during this period.
Monitor updates closely, as additional guidance from federal agencies is expected in the coming weeks.
We understand this proclamation raises serious concerns for employers and foreign professionals alike. Our team is closely tracking developments and will provide updates as soon as more details are available.
If you have questions about how this affects your H-1B workers or your business, please contact The Law Firm of Shihab & Associates for guidance.