New US Proclamation & Impact on H-1B Employees Outside the US
New US Proclamation & Impact on H-1B Employees Outside the US
Update: Clarification on H-1B Proclamation
Following President Trump’s proclamation on H-1B workers on Friday 19 September 2025, the White House and relevant agencies have issued clarifications.
According to statements from the White House Press Secretary, USCIS, CBP, and guidance now published on the State Department H-1B FAQ, the new $100,000 fee and restrictions apply prospectively to new H-1B petitions only.
This means:
- Current H-1B beneficiaries already in the US are not subject to the new fee.
- Those holding valid H-1B status and visas should not be barred from re-entry under the proclamation.
- The new fee requirement will apply to H-1B petitions not yet filed.
Even with the clarifications issued on Sunday, confusion remains around applicants’ ability to apply for visas with already approved petitions as well as how this will impact the H-1B lottery early next year. We expect there will be legal challenges to the proclamation, and the outcome of litigation will determine whether the new provisions remain in force. We continue to monitor the situation closely and will provide further updates as additional guidance is issued.
A Presidential Proclamation was issued on Friday 19 September 2025, titled Restriction on Entry of Certain Nonimmigrant Workers, which places restrictions on the entry of certain H-1B nonimmigrant workers. H-1B employees who are currently outside of the US must return to the US before midnight tonight (20 September).
Key Points of the Proclamation
- The Proclamation restricts entry into the United States of H-1B workers who are outside the US, unless their employing company pays a $100,000 supplemental “entry” fee.
- Effectively, H-1B visa holders outside the US whose employer has not made this payment will not be permitted to enter under H-1B status.
- The restriction takes effect at 12:01 a.m. Eastern Daylight Time on 21 September 2025.
- The measure does not affect H-1B workers already inside the US. However, any H-1B employee who departs the US during the effective period could be blocked from re-entry unless the fee is paid.
- USCIS will not adjudicate petitions for H-1B workers currently outside the US unless proof of the $100,000 fee is included. However, The Proclamation does not expressly cover extensions of stay inside the US (including changes of employer, change of status or amended petitions where the beneficiary remains in lawful H-1B status). These appear exempt unless later clarified.
Urgent Action Required
If you have H-1B employees who are currently outside the US, to avoid them being blocked from returning, the current proclamation suggests they must enter the US before midnight tonight (Saturday 20 September), given the effective date and time. We strongly advise:
- Review which of your H-1B employees are outside the US as of now.
- Arrange travel immediately to ensure arrival before the deadline, if possible.
- If arrival before midnight is not feasible, consider whether your company intends to pay the $100,000 fee and plan accordingly.
Exemptions
The Proclamation makes reference to possible exemptions based on “national interest”. However, there is no indication of how “national interest” will be defined, and we believe any such exemption will be very narrowly interpreted. Employers should not rely on this as a viable option for most employees.
Next Steps
We recommend urgent action today to ensure that any affected employees return to the US before midnight. If you would like tailored advice regarding your workforce, please contact Christi Jackson immediately.
Christi Jackson
Partner and Head of the US Practice
Chambers & Partners High Net Worth 2025
Chambers & Partners High Net Worth 2025
25 July 2025
The Chambers & Partners High Net Worth 2025 rankings were released this week and LDI is delighted to maintain our Band 1 ranking in the Immigration category. Senior Partner, Sophie Barrett-Brown also remains Band 1 ranked.
We are delighted by these results and the editorial quotes, which include:
“Laura Devine is the most trusted and professional firm I have ever seen in the immigration field”.
Thank you to all who contributed to Chambers’ research and congratulations to the LDI team.
To see full details of our Chambers HNW 2025 rankings please click here.
Zeena Luchowa featured in The Times on immigration reform
Zeena Luchowa featured in The Times on immigration reform
25 July 2025
Our partner Zeena Luchowa has provided commentary for The Times discussing the latest immigration reforms.
Changes came into force earlier this week including higher skill and salary thresholds for sponsoring overseas workers.
Zeena explains: “While the government’s measures intend to bring immigration requirements in better alignment with economic needs, seeking to prioritise investment in training and the skills of the domestic workforce, the drive to reduce the reliance on overseas recruitment must be carefully managed. The importance of sufficient notice, appropriate consultation and early, effective engagement with stakeholders cannot be underestimated.”
Read Zeena’s article in The Times here.
UK Immigration: eVisas and digitalisation
UK Immigration: eVisas and digitalisation
Thursday 19 December 2024
eVisas and digitalisation
The Home Office’s replacement of physical immigration documents with digital immigration status (eVisas) intends to render the border process more efficient, reduce the risk of tampering and put eVisa holders in control of their own data as well as enabling them to share their UK immigration status more easily.
All individuals who hold UK immigration permission are required to apply for an eVisa as soon as possible, to evidence their immigration permission digitally from 1 January 2025 onwards (although note the section on transitional measures for travel below).
This includes all holders of Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs), which are due to expire on or before 31 December 2024.
Individuals can undertake the simple procedure to apply for their eVisas via the relevant GOV.UK page, available here. The Home Office guidance page on eVisas contains further useful details.
The Home Office has also released helpful videos which demonstrate how to apply for an eVisa, available here.
Individuals who hold indefinite leave to remain in the UK evidenced with a legacy document (such as a stamp in a passport or a vignette sticker) should make a ‘no time limit’ (NTL) application to receive their eVisa.
Transitional measures for overseas travel
On 4 December the Home Office announced transitional measures to ease the transition to eVisas from 1 January 2025, due to concerns about technical complications and travel accessibility.
Under these new measures, airlines and other carriers will be able to accept biometric residence permits (BRPs) and EU Settlement Scheme biometric residence cards (BRCs) expiring on 31 December 2024 as evidence of permission to travel to the UK, provisionally until 31 March 2025. This measure should provide some reassurance for migrants travelling over the festive period.
Nevertheless, migrants should create an eVisa account now if they have not already done so. Additionally, anyone with indefinite leave to remain who uses an ink stamp or vignette in a passport to prove their rights can continue to use their documents as they do today, including for travel. These people are also encouraged to make a No Time Limit application to access an eVisa as soon as possible.
Important steps to facilitate travel
To avoid delays or issues during travel, we strongly recommend that migrants take the following steps:
- Create a UKVI account and set up access to your eVisa if you still need to do so.
- Check that your details listed on your UKVI account are correct and up to date and ensure that your current passport/travel document is linked to your account. Also, update the details on your UKVI account if any of the following have changed:
- mobile phone number
- email address
- name
- identity documents, such as your passport or national identity card
- home address
- postal address
- Report an error to UKVI if your details, such as your name, immigration status, or photo, are wrong on your eVisa.
- If you have one, travel with your biometric residence permit (BRP) or biometric residence card (BRC). Carriers have been instructed to accept these expired documents until 31 March 2025 to facilitate smooth travel to the UK. If you encounter difficulties boarding a flight, carriers should call the 24/7 Home Office support hub to confirm a passenger’s immigration status.
- Create a ‘View and Prove’ share code to give third-party access to your UK immigration permission. The airline/carrier for your journey to the UK may request this before permitting you to travel. This share code will be valid for 90 days from the creation date.
- Carry a copy of your approval email or letter from the Home Office, confirming that you have been granted UK immigration permission, and a copy of your eVisa profile page for your personal records.
How to apply for digital immigration status (eVisa)
Who needs to apply for an eVisa?
- Holders of UK immigration permission are required to apply for digital immigration status – eVisas – by 31 December 2024, in order to evidence their immigration permission and right to work and rent in the UK digitally from 1 January 2025 onwards.
- Anyone who has been granted immigration permission who does not already have an eVisa is now able to apply for one.
- Once you have been granted access to your eVisa, you can prove your immigration status in the UK, for example to an employer or landlord, by using the view and prove service.
- If you already have a UK Visas and Immigration (UKVI) online account and eVisa, you should not need to apply again. However, you still need to ensure that your UKVI account remains up to date (see details below).
How to obtain an eVisa
The eVisa application process is free of charge. You will require:
- access to a smartphone
- a mobile phone number
- an email address
- your valid passport
- your visa application number – this is a global web form (GWF) number or unique application number (UAN).
There are five steps involved in the eVisa process:
STEP 1: Create a UKVI account
- access the link to create a UKVI account at https://www.gov.uk/get-access-evisa and select ‘Start now’.
- when the form asks ‘Which identity document are you using?’, select ‘Passport’.
- provide your personal details, current passport details, visa application number and contact details, as directed by the form.
STEP 2: Link eVisa to the account
- once your UKVI account has been created, proceed to sign into your account using your passport number, date of birth and a security code sent to your email address or phone number.
- when you have signed in to your account, an option should appear on the account to link your eVisa to the account.
- the eVisa linking option may take several days to appear. If it does not appear immediately, you should log out of your UKVI account and re-access this page at a later date.
STEP 3: Complete identity check
- download the UK Immigration: ID Check App to a smartphone and connect your UKVI account to the App. You can choose to connect to the App either by scanning a QR code with your smartphone or entering a unique connection code.
- upload a digital photo, a scan of your face and a photo of your passport as directed by the App.
STEP 4: Complete eVisa application form and view eVisa
- once the ID check has been undertaken, complete the eVisa application form on your UKVI account, including providing your contact preferences and completing your security questions and a declaration. You should receive an email confirming that your eVisa application has been submitted, and later, an email confirming that your eVisa is ready to view. This notification may take several days to arrive.
- once ready to view, you can access your eVisa on the view and prove service. It is essential to check that the details on the eVisa are accurate.
STEP 5: Future eVisa access
- once your UKVI account and eVisa have been created, you can share your status (for example, with an employer or landlord) via the Home Office’s online view and prove service.
- you should safely retain a copy of your passport used for logging into the account, as well as any immigration application reference numbers, in case your document is lost, stolen or returned to the authorities.
Keeping your UKVI account up to date
Each time you re-enter the UK, you must re-enter using the passport linked to your UKVI account. If you change your passport (for example, if it expires) you must update your UKVI account with your new passport details via this link to enable your status to be accessed when presenting this document for travel in the future. You can also use this link to update your personal details in your UKVI account. Should you notice any errors on your eVisa record, you may report these to the Home Office at the following link.
Further guidance
General guidance on eVisas can be found on GOV.UK at this link. The Home Office has also produced a video to guide applicants through the eVisa process, available here.
Any issues?
Please contact your HR department, or the Home Office’s helpline on +44 300 790 6268 (select option 3) or +44 203 875 4669 for assistance.
Our legal fees
Fixed fees
We work on a fixed fee basis. Our fees for assistance with individual UKVI account set-up typically range between £500 to £750 plus VAT depending on urgency and complexity involved.
Registration Period Open for the DV-2026 Green Card Lottery
Registration Period Open for the DV-2026 Green Card Lottery
Thursday 3 October 2024
Update
Last year was the first time since the program’s inception that UK-born persons were eligible to register for the US Diversity Visa Lottery. UK born citizens are eligible again this year for the DV-2026 Program.
For fiscal year 2026, up to 55,000 diversity visas will be available. To apply, applicants must submit their entry electronically at dvprogram.state.gov during the registration period. The registration period began yesterday, October 2, 2024, at 12:00 PM, Eastern Daylight Time (EDT) and concludes on Tuesday, November 5, 2024, at 12:00 PM, Eastern Standard Time (EST). Applicants may submit only one application per person; duplicate entries will disqualify the applicant.
Overview
The Diversity Visa Program aims to increase diversity in the US immigrant population by selecting immigrants from countries with historically low rates of immigration to the US. Specifically, the Department of State distributes diversity visas among six geographic regions, and no one country may be issued more than seven percent of the available diversity visas (“DVs”) in any one year.
Each year, the DV Program makes up to 55,000 DVs available for individuals from underrepresented countries, which means countries from which less than 50,000 natives immigrated to the US in the previous five years. Applicants must meet simple, but strict, eligibility requirements to qualify. Namely, in addition to being born in a country with low rates of immigration to the US, applicants must have at least a high school education or its equivalent or have two years of work experience within the past five years in an occupation that requires at least two years of training or experience. Registration is free and the Department of State makes selections through a randomized computer drawing. Selected candidates can apply for an immigrant visa. They may enter the US and get a permanent resident card, also known as a Green Card, to permanently live and work. This opportunity opens the door for individuals with nonimmigrant visas and those who are not eligible for nonimmigrant visas to pursue an easier path to US permanent residency.
Visit Diversity Visa Program site for the official application instructions, and contact your Laura Devine Immigration attorney or enquiries@lauradevine.com for further guidance.
Christi Jackson
Partner and Head of US Practice
The Times Best Law Firms 2022
The Times Best Law Firms 2022
Commended for Immigration
Laura Devine Immigration, which has bases in London and New York, provides individuals, families and businesses with advice on UK and US immigration and nationality law, as well as the implications of Brexit.
Read the full review in the The Times
Latest Insights
Immigration Services
Paralegal
Paralegal vacancies (Ref 2026/PL)
Laura Devine Immigration (LDI), London
Based in London and New York, our teams specialise in all aspects of UK and US immigration and nationality law, acting for a diverse range of clients, from multinational companies to start-ups, high net worth individuals, celebrities and families. We have a strong human rights and appeals practice and are proud of our pro-bono and policy development work.
Known for our strategic approach, LDI’s mission is not only to offer the highest quality service and representation to our clients but to challenge and shape immigration law and policy. Our lawyers also hold roles with/are active contributors to organisations such as ILPA, AILA, the Law Society Immigration Committee, the Union Internationale des Avocats and LexisNexisPSL, and are regular conference speakers and commentators on immigration topics in the media.
We are passionate about immigration law, our fantastic team and our clients.
Paralegal roles at LDI
We are seeking both experienced immigration paralegals and entry level applicants for a range of roles in our client-facing teams. Working directly with a partner or senior solicitor, paralegals assist in legal research, drafting advice/submissions and enjoy significant client contact (under supervision) as their experience grows. Paralegals may subsequently become eligible to apply for LDI’s SQE Sponsorship Programme.
We offer high quality work and exceptional training with leading lawyers in a collaborative and friendly environment. LDI’s technical awareness programme, supported by our excellent PSL team, includes internal and external training courses, regular technical update meetings and weekly bulletins. We also encourage staff to engage in wider activities of interest such as business development, including networking and public speaking.
We believe we offer a stimulating, supportive and enjoyable environment for staff at all levels and offer a range of wellbeing initiatives, including a comprehensive Employee Assistance Programme.
Requirements
Applicants should demonstrate academic excellence (typically holding at least a bachelor’s degree and ideally a relevant law qualification), excellent analytical skills, attention to detail and strategic thinking as well as strong communication skills, a professional manner and the ability work in a team. We particularly seek candidates with immigration law knowledge/experience, however entry-level candidates who demonstrate the appropriate skills and aptitudes are welcomed.
Salaries: negotiable depending on experience (plus 33 days holiday (including bank holidays), and benefits including life insurance, long term sickness cover, Bupa health and dental insurance, interest free season ticket loan, flexible holiday exchange, and access to our Employee Assistance Programme.
To apply, please email careers@lauradevine.com stating the job reference in the subject line, attaching your CV and a covering letter (ideally including current salary where relevant to expectations), ASAP and no later than Friday 30 January 2026.
Personal data
We will process your personal data in accordance with our obligations under applicable data protection laws and regulations – you can review our Data Protection Privacy Notice here
UK immigration update - Statement of Changes
UK immigration update - Statement of Changes
4 March 2021
The Home Office has published a Statement of Changes today, paving the way for a new Graduate visa route starting from 1 July 2021 as well as introducing changes to many of the existing routes, including Skilled Worker, Innovator, Global Talent and the EUSS which will be scattered from 6 April to 1 July 2021 (see below for further details).
New Graduate Route
A new Graduate visa route, akin to the previously popular and subsequently scrapped Tier 1 (Post-Study Work) scheme, will be introduced from 9am 1 July 2021 allowing international graduates an additional two-year period (three years for those finishing a Doctorate) following their studies to look for suitable employment at any skill and salary level, without the need for official sponsorship from an employer.
Students will be required to meet the following conditions, amongst others, to qualify for leave under this route:
- to have successfully completed the course of study undertaken during their most recent grant of permission as a Student (which includes Tier 4);
- the course must have led to the award of a degree at UK bachelor’s or postgraduate level, or a professional course requiring study at UK bachelor’s degree level or above, in a profession with reserved activities that is regulated by UK law or UK public authority;
- for applicants with course duration of 12 months or less, the whole of the course must have been studied in the UK. Those on courses lasting longer than 12 months will need to have been granted permission for at least 12 months on the Student route and have spent that time studying in the UK (with an exception for absences due to Covid which would potentially not affect this requirement).
This is no doubt welcome news to international students and immigration lawyers alike, who for years have been calling on the Government to allow international students the opportunity to develop their careers in the UK following their hard-earned degrees, especially as it has taken nearly a decade for this to happen.
Skilled Worker
There are two main updates to the Skilled Worker route coming into effect from 6 April 2021.
Minimum salary
The Rules now make it clear that in addition to meeting the annual salary of £25,600, migrants must also be paid a minimum hourly rate of £10.10 to ensure that employers are not extending migrants’ hours in order to meet the annual salary level.
In addition, employers looking to move workers to a lower salary threshold (for example because they have completed a PhD) would now be required to submit a fresh application.
Expansion of the Shortage Occupation List
In another welcome, if slightly mistimed move, the Home Office is expanding the Shortage Occupation List to include the following:
- health services and public health managers and directors;
- residential, day and domiciliary care managers and proprietors;
- pharmacists;
- health professionals not elsewhere classified;
- physiotherapists;
- laboratory technicians (including those not in the health and care sectors);
- Nursing auxiliaries; and
- Senior care workers
Innovator
From 6 April 2021, a requirement is being introduced that an applicant must be the ‘sole founder or an instrumental member of the founding team of the business’ for which they have been endorsed.
Global Talent
An amendment is being made from 5 May 2021 allowing applicants who have won certain ‘prestigious’ prizes to apply without having to secure an endorsement from an official endorsing body. The list of acceptable prizes will be detailed in Appendix Global Talent: Prestigious Prizes and will include the Nobel Prize, the Oscars, BAFTAs and Golden Globes, amongst others.
Hong Kong (BNO) route
From 6 April 2021 migrants in this category will be allowed to request to have their ‘No recourse to public funds’ condition removed from their leave, if they show that they are or are at imminent risk of becoming destitute.
EU Settlement Scheme (EUSS)
Now that the Brexit transition period is over, some technical changes are coming into effect from 6 April 2021 to allow the Home Office to refuse applications where there are issues with the applicant’s conduct, for example a criminal conviction committed from 1 January 2021.
There are also technical changes being made to various definitions within Appendix EU.
In addition, individuals applying under the EUSS as the dependant parent of an EU or Swiss citizen (or their spouse/civil partner) will now have to actively submit evidence of their financial dependency – this will no longer be assumed. This change will only apply to applicants who had not entered the UK prior to the end of the transition period and who apply after 30 June 2021.
Youth Mobility Scheme
The Youth Mobility Scheme allocations for 2021 will be as follows:
- Australia – 30,000 places;
- New Zealand – 13,000 places;
- Canada – 6,000 places;
- Japan – 1,500 places;
- Monaco – 1,000 places;
- Taiwan – 1,000 places;
- Hong Kong – 1,000 places;
- South Korea – 1,000 places;
- San Marino – 1,000 places.
For further information on other changes to UK immigration law contact your assigned LDI lawyer or enquiries@lauradevine.com.
Changes at Laura Devine Attorneys LLC
Changes at Laura Devine Attorneys LLC
7 December 2020
I am delighted to announce that Jenny Stevens has been appointed as the Managing Partner of Laura Devine Associates LLC. Jenny, who is looking forward to taking up the reins of her new role, is perfectly placed to manage the New York firm, having initially joined Laura Devine Immigration’s London office in 2004, and then moving to New York in 2010. Jenny who is an English solicitor as well as a registered foreign legal consultant in New York, is recognised as a leading immigration lawyer in legal directories. She is actively involved in the Immigration Law Practitioners’ Association, the American Bar Association, New York City Bar Association and British American Business.
Jennifer Stevens
Managing Partner
Proclamation Suspending Entry of Aliens
Proclamation Suspending Entry of Aliens
23 June 2020
The White House has announced a suspension of permission to enter the United States for foreign workers across a number of nonimmigrant visa categories and extended an existing ban on certain immigrant visas. This latest Presidential Proclamation, signed by President Trump on June 22, 2020 extends and expands upon the previous proclamation issued on April 22, 2020.
When does the Proclamation take effect?
The extension of the April 22, 2020 immigrant visa order is effective immediately. The remainder of the proclamation goes into effect at 12:01am on 24 June 2020 and will be reviewed in 30 and then every 60 days thereafter. The entire order is scheduled to expire on December 31, 2020, but may be rescinded, modified or extended prior to its expiration.
Which categories are affected?
The Proclamation extends the suspension of immigrant visa services detailed in our previous update. It also applies to L, H-1B, H-2B, and some J-1 nonimmigrants and their dependents who are outside the US on June 24, 2020, and who have not already been issued a visa or travel document. Individuals who are outside the US but have already been issued a nonimmigrant visa in these categories are not included in this ban. It is unclear whether individuals who are outside the US and who already have a visa in another category will be affected. Similarly, it is unclear how this new order affects those currently in the United States who hold valid status in one of the affected categories; such individuals should not travel outside the United States until clarification in issued regarding their ability to re-enter the US.
The Proclamation does not limit or suspend the approval of H-1B or L-1 petitions, including those filed with a change or extension of status with United States Citizenship and Immigration Services (USCIS). However, while petitions may be approved by USCIS, affected beneficiaries will not be issued visas or able to enter the United States in H-1B or L-1 status until the expiry or rescission of the Proclamation.
COVID-19 travel ban
This latest Proclamation does not supersede the country and regional bans on entry related to COVID-19. Individuals may not enter the United States if they have been in banned country within a prior 14-day period. These countries include China, Brazil Iran, the Republic of Ireland, the United Kingdom, and countries within the Schengen Area.
The COVID-19 travel bans are in effect until lifted, and accordingly may continue after December 31, 2020 or they may be individually lifted as COVID-19 country conditions improve. As a result, the Proclamation may not have a significant impact on the travel plans of individuals seeking entry to the United States from the countries affected by the COVID-19 travel ban.
Who is exempt from the Executive Order?
As mentioned above, the order excludes from entry to the U.S. those who are outside the US on June 24, 2020 and who do not have a valid visa. Those currently in the United States are not affected by the Proclamation. Additionally, the Proclamation exempts:
- Lawful Permanent Residents of the United States (green card holders);
- Spouses and children of US citizens;
- Those who hold valid Advanced Parole; and
- Those seeking temporary entry to the US to provide services essential to the food supply chain.
Further, the order provides for exceptions to those individuals working in the fields of defence, law enforcement, diplomacy, national security, medical care and research, and those deemed necessary for economic recovery.
Additional resources
For additional guidance on other COVID-19 US immigration issues, please see our comprehensive FAQs.
Get in touch
For any UK or US immigration queries following the COVID-19 outbreak, or further information on recent and forthcoming changes to UK and US immigration law, contact your assigned LDA lawyer or email enquiries@lauradevine.com.