Please be advised that this is a fluid situation. The below updated guidance is current as of Monday, September 22, 2025 at 12:00 pm PT. Further clarifications from the government agencies and litigation is expected and may change this guidance.
Until further guidance is available, individuals currently in the U.S. in H-1B status should refrain from international travel. Any H-1B visa holder currently outside the U.S. should discuss the timing of their return with their employers and counsel.
As we advised on Friday, on September 19, 2025, President Donald Trump issued a proclamation: Restriction on Entry of Certain Nonimmigrant Workers – The White House which adds a $100,000 fee for individuals seeking to enter the U.S. in H-1B status from outside the United States. The restriction on entry took effect at 9:01 pm PST Saturday, September 20, 2025/ 12:01 AM EST Sunday, September 21, 2025. However, the proclamation lacked clarity regarding to whom it applied. The text of the proclamation was also inconsistent with the information verbally provided by President Trump and Secretary of Commerce Howard Lutnick who announced the proclamation via livestream on Friday afternoon. The press conference and proclamation were followed by clarifications via Tweets/ Posts from the White House Press Secretary and White House Rapid Response page, but a number of questions remain.
Government Agency Guidance
- September 19, 2025 President Trump published the Proclamation “Restriction on Entry of Certain Nonimmigrant Workers”
- September 20, 2025 USCIS released a memorandum seeking to clarify the Proclamation
- September 20, 2025 CBP released a memorandum seeking to clarify the Proclamation
- September 21, 2025 DOS and the White House released FAQ pages related to the Proclamation
Impact of H-1B Proclamation known to date
| Location of Worker | H-1B Petition Status | Impact of Proclamation |
|
Inside the US on 9/21/2025 |
Petition approved on or before 9/20/2025 | Not impacted. May continue H-1B employment. Individuals have been admitted in H-1B status and have been issued H-1B visa stamps since 9/21. |
| Petition filed and pending adjudication at USCIS as of 9/20/2025 | Adjudication not impacted.
Travel best avoided until further guidance is available. |
|
| H-1B filed for consular notification after 9/20/2025 | Likely impacted. Must meet new requirements of $100,000 fee or exemption under the national interest. | |
| Amendment / Extension / Change of Employer / Change of Status filed after 9/20/2025 | Adjudication likely not impacted.
Re-admission to the US after international travel possibly impacted. |
|
| Outside the US
on 9/21/2025 |
Petition approved on or before 9/20/2025 | Not impacted. May return to the U.S. and commence/ resume H-1B employment. |
| Petition filed and pending adjudication at USCIS as of 9/20/2025 | Adjudication likely not impacted.
Re-admission to the US after international travel possibly impacted. |
|
| H-1B filed for consular notification after 9/20/2025 | Likely impacted. Must meet new requirements of $100,000 fee or exemption under the national interest. | |
| Amendment / Extension / Change of Employer / Change of Status filed after return to the US and after 9/20/2025 | Adjudication likely not impacted.
Re-admission to the US after international travel possibly impacted. |
Pending Clarification
- Change of Employer: At this time it appears that the fee does not apply to adjudication of an H-1B change of employer petition. If it applies, the requirement to provide proof of payment of the $100,000 fee would apply at the time the H-1B beneficiary seeks to enter the United States.
- Change, Extension or Amendment of Status: At this time it appears that the fee does not apply to adjudication of H-1B change of status petitions. If it applies, the requirement to provide proof of payment of the $100,000 fee would apply at the time the H-1B beneficiary seeks to enter the United States.
- Cap-Exempt Employers: H-1B cap-exempt organizations are not subject to the annual H-1B quotas/ lottery. Cap-exempt institutions include universities, some nonprofit research organizations and nonprofit hospitals. While some of the guidance indicates the $100,000 fee will apply only to cap-subject petitions filed for next year’s H-1B lottery (registrations filed in March 2026), the guidance is contradictory. At this time, it appears that cap-exempt institutions are subject to the new $100,000 requirement for petitions filed on or after September 21, 2025, if the H-1B beneficiary is seeking admission from outside the U.S.
- Payment of the $100,000 fee: There are currently no instructions on how an employer can pay the fee for affected H-1B petitions.
- National Interest Exemptions: The Proclamation indicates national interest exemptions may be available for certain individuals, employers, and industries. The government has yet to announce what industries or occupations are covered by these exemptions, or how organizations or employers may apply for an exemption to avoid payment of the $100,000 fee.
Conclusion
We understand this development has caused a good deal of concern among H-1B employees, their families, and their employers. LAC will continue to provide updates as they become available and will work with clients regarding immediate and long-term strategies in response to these changes.