On September 19, 2025, President Trump issued a Presidential Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers, placing new conditions on the ability of H-1B workers to enter or re-enter the United States. This action has major implications for employers and H-1B employees currently outside the U.S. or planning travel in the near future.
The Proclamation becomes effective at 12:01 a.m. EDT on Sunday, September 21, 2025, and is scheduled to remain in effect for 12 months (through September 21, 2026), unless extended.
Key Provisions of the Proclamation
- $100,000 Entry Fee: H-1B workers outside the U.S. must pay a $100,000 fee to be admitted or re-admitted in H-1B status.
- Scope: Applies to H-1B workers seeking to enter the U.S. after the effective date. It does not currently impact H-1B workers who remain in the U.S. and do not travel internationally.
- Petition Adjudication: USCIS will not adjudicate petitions for beneficiaries outside the U.S. unless proof of fee payment is provided.
- Extensions/Amendments Inside the U.S.: Petitions for extensions of stay, change of employer, or amended petitions where the employee remains in lawful H-1B status appear to be exempt.
- Travel Risk: H-1B employees who leave the U.S. during the effective period risk being denied re-entry without payment of the fee.
- Future Review: Agencies will report to the President within 30 days of the March 2026 H-1B lottery with recommendations for renewal or extension of this policy.
- Additional Agency Actions:
- DOS will issue guidance to curb misuse of B-1/B-2 visas by H-1B beneficiaries seeking to circumvent the restriction.
- DOL will initiate rulemaking to revise prevailing wage levels and prioritize high-skilled, high-wage workers.
- National Interest Exceptions: DHS may authorize entry on a case-by-case basis if deemed in the U.S. national interest. It remains unclear if the fee applies to cap-exempt H-1B cases.
Recommended Employer and Employee Actions
For Employers:
- Immediately identify any H-1B workers currently abroad and coordinate their return before September 21, 2025.
- Postpone any discretionary international travel for H-1B employees until further agency guidance is issued.
- Work with counsel to assess whether any pending or planned petitions will require proof of fee payment.
For H-1B Employees:
- If abroad: Make every effort to re-enter the U.S. before the Proclamation takes effect.
- If in the U.S.: Avoid international travel until implementation details are clarified.
- Consult with your employer and legal counsel before making any travel plans during the effective period.
Harris Beach Murtha Monitoring & Next Steps
Our Immigration Practice Group is closely monitoring agency guidance and potential legal challenges to the Proclamation. We will issue additional alerts as soon as new information becomes available. If you are an employer with H-1B employees abroad or employees with upcoming international travel, or if you are an H-1B worker impacted by this development, please contact us immediately to discuss options and compliance strategies.
This alert does not purport to be a substitute for advice of counsel on specific matters.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
