US: H-1B Entry Restrictions – White House and State Department Release FAQ
(September 21, 2025, at 2:00 pm)
Following President Trump’s September 19, 2025, proclamation restricting entry for certain H-1B nonimmigrant workers, the United States White House and the Department of State have released FAQs clarifying how aspects of the new $100,000 H-1B peition fee will be implemented and what it does not affect.
- Effective Date and Scope: The $100,000 fee applies to all new H-1B petitions filed after 12:01 am EDT on September 21, 2025. This includes the upcoming 2026 lottery and any other new filings. Renewals are not subject to the fee.
- No Impact on Current Visa Holders: The Proclamation does not affect previously issued H-1B visas or petitions submitted before the deadline. Current H-1B holders can continue traveling in and out of the US without restriction.
- Agency Coordination: DHS and the State Department are actively coordinating implementation. Guidance has already been issued by USCIS, CBP, and consular offices to ensure consistent enforcement across agencies.
- Future Reforms Previewed:
- The Department of Labor will initiate rulemaking to raise prevailing wage levels, aiming to “upskill” the H-1B program.
- DHS will prioritize high-skilled, high-paid applicants in future lotteries.
- Additional reforms are under consideration and expected in the coming months.
The new fee’s applicability to H-1B amendments, including changes of employer, remains uncertain. As of September 21, 2025, neither the White House nor the State Department has issued definitive guidance on this issue.
For more details, please read today’s Immigration News Alert on Envoy Global.
This situation is evolving, and legal challenges to the proclamation may arise. Clients are encouraged to monitor updates online through our Immigration News Alerts.
US: H-1B Entry Restrictions – Proclamation Details Clarified
(September 20, 2025, at 5:00 pm)
Following President Trump’s September 19, 2025, proclamation restricting entry for certain H-1B nonimmigrant workers, the administration released new guidance on September 20, 2025, clarifying its scope and enforcement:
- Effective Date: Applies only to H-1B petitions filed after 12:01 AM ET on September 21, 2025.
- $100,000 Payment: Employers must include this payment with new petitions for the beneficiary to be eligible for entry.
- Exemptions:
- Petitions filed before the effective date
- Individuals with approved petitions
- Holders of valid H-1B visas
- Travel Rights: Current H-1B visa holders can still travel freely.
- USCIS Enforcement: Officers are instructed to align decisions with this updated guidance.
For more details, please read today’s Immigration News Alert on Envoy Global.
This situation is evolving, and legal challenges to the proclamation may arise. Clients are encouraged to monitor updates online through our Immigration News Alerts via Envoy Global.
US: Important Update on H-1B Entry Restrictions
(September 20, 2025, at 12:00 pm)
Please be advised of a significant development affecting H-1B visa holders. On September 19, 2025, the Trump Administration issued a Presidential Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. This order introduces substantial changes to the entry process for H-1B nonimmigrants.
Key Details
- The proclamation becomes effective at 12:01 am ET on Sunday, September 21, 2025, and is set to expire after one year unless extended.
- It restricts entry into the United States for H-1B workers currently outside the country, unless the sponsoring US employer pays a $100,000 fee.
- The restriction applies only to new entries after the effective date. H-1B workers already in the US are not impacted.
- Individuals who leave the US and attempt to reenter during the effective period may be subject to the fee.
- USCIS will not adjudicate petitions for H-1B workers outside the US unless proof of fee payment is provided. Implementation details are still pending.
- Extensions, amendments, and changes of status for H-1B workers already in the US appear to be exempt from the fee.
- Within 30 days of the next H-1B lottery (March 2026), federal agencies will recommend whether to renew or extend the proclamation.
- Additional guidance is expected to prevent misuse of B visas and to revise prevailing wage levels to prioritize high-skilled, high-paid nonimmigrants.
Exceptions
There may be exemptions for individuals, companies, or industries if deemed in the national interest and not a threat to US security or welfare. It remains unclear whether cap-exempt H-1B workers outside the US are subject to the fee.
Practice Tip
H-1B workers currently abroad are strongly encouraged to return to the US before the effective date to avoid the $100,000 fee. International travel for visa processing or renewal should be avoided until further implementation guidance is released.
This situation is evolving, and legal challenges to the proclamation may arise. Clients are encouraged to monitor updates online via Envoy Global.
