On September 19, 2025, President Donald Trump issued a proclamation ("Restriction on Entry of Certain Nonimmigrant Workers") restricting travel for certain H-1B beneficiaries outside the U.S. seeking entry or reentry to the U.S. Impacted H-1B travelers will not be allowed to come to the U.S. without proof of payment of a $100,000 fee. The practical reality is that employers will bear the cost of these fees. The proclamation took effect at 12:01 a.m. Eastern Daylight Time on Sunday, September 21, 2025, and is set to expire after one year, unless extended.

The measure does not affect those already in the U.S. unless they travel abroad, and according to updates from various government officials through September 20, 2025, may not impact those with H-1B petitions approved prior to the effective date or individuals who currently hold H-1B visas or seeking renewals. 

The H-1B program allows employers to petition for highly educated foreign professionals to work in specialty occupations that require at least a bachelor’s degree or the equivalent. Under the proclamation:

• The restriction applies only to entries after the effective date and does not impact H-1B workers already in the U.S., unless they depart and attempt to reenter during the effective period.
   
• U.S. Citizenship and Immigration Services (USCIS) will not adjudicate petitions for H-1B workers abroad unless accompanied by proof of fee payment.
   
• Extensions, changes of employer/status, and amended petitions for H-1B workers already in the U.S. appear to be exempt.
   
• Exceptions may be granted if deemed in the national interest and not a threat to U.S. security or welfare.

Details remain scarce, and information is evolving in real time. The White House press secretary posted additional details on the administration’s social media accounts, confirming that the proclamation does not apply to individuals who already hold H-1B status or H-1B stamps. However, we recommend caution specifically when it comes to making international travel plans. The proclamation is also expected to face legal challenges, and its scope and enforcement may change as litigation unfolds.

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