[Updated September 22, 2025] Presidential Proclamation on H-1B Visa Holders (effective September 19, 2025)

A Presidential Proclamation was issued on September 19, 2025, restricting entry into the United States for H-1B visa/status holders without proof of payment of a new $100,000 fee, effective September 21, 2025, at 00:01 AM ET. The entry restriction applies to H-1B workers attempting to enter the U.S. from outside the U.S. after the effective date.  

On the other hand, it is not expected to affect H-1B workers already in the US at this time. However, until the details of this new policy are clarified, H-1B workers already in the US should also refrain from traveling abroad to avoid leaving the US. This is because all H-1B workers may be affected by this proclamation if they attempt to re-enter the US once outside the US.  

As for this newly applicable $100,000 payment, H-1B employers are required to obtain and keep records of the $100,000 payment before filing an H-1B petition for a foreign worker who is outside the country. The State Department is then directed to approve only those applications for which this payment has been verified, and the Department of Homeland Security and the State Department are directed to deny entry to applicants for whom payment cannot be verified.  

Although the Trump Administration initially indicated that this new change would apply only to new H-1B applicants, the language of the proclamation was different, indicating that all H-1B holders would be covered. This has caused confusion and anxiety among H-1B employers, workers, and attorneys. Until further information is released, H-1B holders in the U.S. should avoid leaving the country.  

An exception to this new $100,000 payment requirement is available on an individual, business, or industry basis if the Secretary of Homeland Security determines that it is "in the national interest of the United States" or "not a security concern," but detailed guidelines have not been released at this time.

In addition, the Presidential Proclamation also includes the initiation of a rule revision to review the current "Prevailing Wage Levels" used in H-1B petitions and the Secretary of Homeland Security's rule revision regarding the preferential admission of highly skilled and well-paid foreign workers. The Presidential Proclamation also includes the following Thus, it suggests that future H-1B petitions will be more difficult and costly to file.  

This action will be challenged in court and may be reversed, and the Firm will continue to monitor future developments and provide updates.  

[Addendum: Update on travel restrictions for H-1B H-1B holders

A presidential proclamation issued on September 19, 2025, restricted entry into the U.S. for H-1B visa/status holders without proof of payment of a new $100,000 fee, effective September 21, 2025, at 00:01 AM ET. This caused confusion among many H-1B employers and visa holders, but USCIS subsequently issued guidelines regarding the Presidential Proclamation, which was issued on September 19, 2025.

Unlike the language in the Presidential Proclamation, the guidelines issued by USCIS state that the new fee bar applies only to H-1B petitions that have not yet been filed. The Presidential Proclamation also states that it does not apply to H1B petitioners who are currently already approved or hold a valid H-1B visa. Furthermore, it states that if you hold a current valid H-1B visa, your entry into and exit from the U.S. will also not be affected. As there is still much information that has not been clarified, the Firm will continue to monitor further developments.