Yesterday, on September 19, 2025, President Donald Trump signed a Proclamation titled: “Restriction on Entry of Certain Nonimmigrant Workers”, available here.
The proclamation restricts the entry of H-1B nonimmigrants into the U.S., requiring U.S. employers to pay a $100,000.00 fee for each H-1B worker seeking entry to the U.S. after its effective date.
Given the sudden imposition of the fee and its sudden deadline, many individuals on H-1B are making plans to return to the U.S. prior to its implementation.
For any individual who chooses to return, you must clear immigration screening prior to 12:01 am EDT on Sunday September 21, 2025 to avoid its implementation (less than 15 hours from the writing of this note).
In the FAQs below, we outline our recommendations for international travel, the national interest exemption, and more. Note that these recommendations are based on the limited information we have at the time of the writing of this note and may be subject to change. We will make every effort to keep our clients informed of any updates or changes.
Frequently asked questions:
When does this proclamation take effect?
The proclamation takes effect on 12:01 a.m. EST on September 21, 2025.
Who is impacted by this EO?
This EO only targets the H-1B visa category. There are currently no changes to the other work authorized or visit-related visas such as O-1s, TNs, J-1s, E-3s, E-1s, or E-2s, or H-1B1s etc.
Does the proclamation have an expiration date?
Absent an extension, the text of the proclamation indicates that the restriction on entry to the United States will expire 12 months after 12:01 a.m. EST on September 21, 2025.
Per the order, agencies are directed to submit recommendations on its renewal within 30 days of the FY 2027 H-1B lottery.
How can an employer pay the $100,000.00 fee?
The proclamation provides no information or instruction on how to pay this fee, and DHS has yet to release any guidance on its payment or if paid how the payment would be verified.
Does this apply to H-4 dependent visas or just the principal H-1B holder?
This does not currently apply to H-4 holders. Note: H-4 status is dependent on valid H-1B status. Thus, it is important to read this update and the other FAQs to ensure proper maintenance of your H-1B, so the H-4 is also properly maintained.
I am currently in the United States on a valid H-1B visa, should I travel internationally?
At this time, we do not recommend departing the United States. Doing so risks your ability to re-enter the United States without an accompanying $100,000.00 fee or argument for exemption.
Pursuant to the proclamation, if you depart and seek to return to the United States after September 21, 2025, your entry to the United States will be denied, unless you can show that your employer has paid the $100,000.00 fee.
Thus, if you have plans to leave the country and hold H-1B status or seek to return using an H-1B status, you should not leave at this time unless you are prepared to leave and wait until this issue is resolved.
I am currently in the United States in another valid status and my H-1B petition for change of status is pending, should I travel internationally? Do I need to interfile a new fee?
We do not recommend departing the United States while the H-1B is pending as this may trigger the requirement to pay the fee. Additionally, we do not recommend departing the United States after the approval of the pending H-1B as that may also trigger the fee.
Based on current information, no fee needs to be interfiled for your pending H-1B if your application is being adjudicated while you are in the U.S.
I am currently out of the U.S. and my H-1B application is pending with USCIS, am I impacted by the EO?
Those applications pending with USCIS for individuals outside of the U.S. are specifically mentioned as requiring the additional $100,000 fee to complete processing. Again, we have no information on how to pay such fees, but we anticipate the USCIS would contact the Petitioner by RFE to request the fee payment.
I am currently abroad on a valid H-1B visa, should I return? If so, when?
You should return to the United States before September 21, 2025 at 12:01 a.m. EDT if you wish to enter before this EO goes into effect. It is important to know that you must clear immigration prior to 12:01 a.m., so simply landing or pulling up to a Port of Entry is insufficient to meet the deadline. Anyone attempting to meet the deadline should enter asap to avoid the potential impact of possible flight delays or delays at the border.
If you cannot return before then and instead will return after that period you will be asked pay the $100,000 fee to enter until this EO expires, is rescinded, or successfully challenged in court. If you cannot make the deadline with enough buffer to clear immigration, you may be better off waiting. We recognize that this is a hard decision, and we are not in a position to make this judgement call for individual clients.
I am currently in route to the United States but may not make it back before the proclamation is effective. What should I do?
Again, at this time, any entry after 12:01 a.m. EDT on September 21, 2025 will trigger the need to provide proof of payment. As a result, to avoid refusal at the port of entry for failure to pay the fee, you may wish to reschedule your travel for a date in the future when there is more clarity.
I am currently abroad and hold another valid status, waiting for my H-1B visa appointment. Should I attend my visa appointment? Should I return before the H-1B visa appointment in my other status?
By the time your visa appointment takes place this EO will be in effect. Before being issued an H-1B visa, proof of the $100,000 payment must be provided. Until further guidance is shared, we recommend rescheduling visa appointments. We do expect that courts will prohibit this EO from applying but it will take time. Until a successful court challenge happens any H-1B visa application reviewed by a consular officer may be denied without proof of the fee payment.
For example, if you currently hold a valid F-1 visa, along with an H-1B cap approval that will take effect on 10/01/2025, and you are abroad attempting to obtain an H-1B visa stamp for return, we recommend returning using your valid work authorized F-1 visa if you need to return to continue working in the U.S. You may also consider rescheduling your appointment until this EO is properly challenged.
Are there any exceptions to the proclamation?
There is an exception to the restriction on entry ($100,000 fee), stating that the Proclamation will not apply to: “any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.”
The EO fails to provide any further clarity on this point, and we have not seen any guidance from DHS. This exemption may be narrow, broad, or never exercised so we cannot advise on this point until there is an official announcement. We will update as news becomes available.
What does the proclamation say about prevailing wages?
Section 4 of the proclamation states that: “The Secretary of Labor shall initiate a rulemaking to revise the prevailing wage levels to levels consistent with the policy goals of this proclamation.” Thus, there are no immediate impacts to prevailing wages, and we will continue to monitor for any rulemaking from the Department of Labor.
Final thought:
We recognize that this EO is causing significant concern among all visa holders, and significant disruption to H-1B travelers in particular. We cannot prevent this Administration from issuing unconstitutional Executive Actions, but we can help contest them, advise people on how to stay safe, and guard against possible future actions. While there are people who take advantage of government programs, rational policymaking involves serious review of existing policy and implementing changes through proper regulatory channels. No one disputes the government’s ability to do this. This $100,000 penalty fee is neither rational nor serious, and we expect federal courts to recognize this. The intent of this action is to create fear and chaos and responding in kind is giving the Administration what they want. We will do our best to stay on top of this issue and share good information. Until the courts weigh in on this issue there is nothing further we can change accept how we respond. In the face of this targeting we chose to remain calm and will continue to support and update our clients.
