On September 19, 2025, President Trump issued a proclamation proscribing the entry of anybody in search of to enter or reenter the U.S. in H-1B standing with out fee of a brand new $100,000 charge. The proclamation, titled Restriction on Entry of Sure Nonimmigrant Staff is efficient date is 12:01 a.m. EDT Sunday, September 21, 2025, and is ready to run out after one yr.
Whereas we anticipate particulars relating to implementation, beneath are key factors and concerns:
- The proclamation is efficient 12:01 a.m. EDT September 21, 2025. It expires in 12 months however could also be prolonged.
- The proclamation targets entry of H-1B employees into the U.S. who’re at the moment exterior the U.S. pursuant to INA 212(f).
- The restriction on entry applies solely to H-1B employees who try and enter the U.S. after the efficient date. It doesn’t seem to influence H-1B employees already within the U.S.
- Nonetheless, it might influence those that subsequently depart and attempt to reenter the U.S. in H-1B standing throughout the efficient interval of the proclamation.
- USCIS shall not adjudicate petitions until they’re accompanied by proof of fee of the $100,000 charge for H-1B employees who’re at the moment exterior of the U.S.
- Extensions of keep contained in the U.S., together with change of employer, change of standing and amended petitions —the place the beneficiary stays in lawful H-1B standing—will not be expressly coated, so until instructed in any other case, it seems they’re exempt.
- H-1B employees who also can enter the US on advance parole as a result of a pending I-485 adjustment of standing software will not be impacted by the ban, however it’s not clear at the moment.
- Inside 30 days of the subsequent H-1B lottery (i.e., March 2026), the Secretary of State, the Legal professional Normal, the Secretary of Labor, and the Secretary of Homeland Secretary shall collectively submit a advice to the President as as to if renewing or extending the restriction on reentry is in the most effective curiosity of the U.S.
- Secretary of State shall subject steering to stop the misuse of B visas by beneficiaries of accepted H-1B petitions who’ve begin dates previous to 10/1/26 – presumably to stop them from getting into and submitting a change of standing and avoiding the charge.
- Secretary of Labor shall provoke rulemaking to revise the prevailing wage ranges and to prioritize the admission of high-skilled and high-paid nonimmigrants.
Exceptions: There could also be exceptions for a person, an organization, or an business, if DHS determines that it’s within the nationwide curiosity of the U.S. and doesn’t pose a menace to the safety or welfare of the U.S. The language of the Proclamation doesn’t tackle whether or not this new charge and journey restriction applies to cap-exempt H-1B employees exterior of the U.S.
Journey Tip: We advise H-1B employees who’re at the moment overseas to return to the U.S. as quickly as potential earlier than the efficient date. Journey exterior of the U.S. for visa processing/renewals can be impacted so H-1B employees ought to chorus from all worldwide journey till implementation is additional clarified. For H-1B cap case beneficiaries with accepted petitions and a legitimate H-1B visa, they need to search to enter the U.S. as quickly as potential.
We’ll proceed to observe this and supply updates as vital.
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