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.