Presidential Proclamation Restricting Entry of H-1B Visa Holders: What Employers Need to Know

A Presidential Proclamation labeled “Restrictions on Entry of Certain Nonimmigrant Workers” has been issued by President Trump on September 19, 2025, imposing restrictions on the H-1B visa program that go into effect Sunday, September 21, 2025 at 12:01 a.m. eastern daylight time (Saturday, September 20, 2025 at 9:01 p.m. pacific standard time).

The Proclamation imposes a $100,000 annual fee for each H-1B visa petition and places restrictions on entry into the U.S. with very limited exceptions unless this fee is paid.  No instructions have been given on how the fee would be paid, or how an exception could be obtained.  It remains unclear, as of the time of this alert, whether the travel restriction will be imposed solely on “prospective” H-1B employees who have no current employment ties, or also to H-1B visa holders returning to resume employment in the U.S.

Key Points

• Effective Date: Sunday, September 21, 2025, at 12:01 a.m. ET
• Expiration: One year from the effective date (unless extended)
• Restrictions on Entry:
  • The Proclamation restricts entry of individuals who seek to enter the U.S. in H-1B status on or after the effective date of September 21, at 12:01 AM ET, unless accompanied by proof of $100,000 fee payment.
  • Some language in the Proclamation suggests that the restriction on entry will apply solely to new, prospective H-1B petitions on behalf of beneficiaries who are outside the United States during the effective period of the Proclamation. This is consistent with the informal confirmations Gibney has received as of late morning, Saturday, September 20, 2025, from several Customs and Border Protection officers, who expect that the ban will apply to new (prospective) H-1B petitions.  We caution that these informal confirmations may not be relied upon as official guidance.
  • Potentially impacted H-1B visa holders must await further clarity on whether the Proclamation may also apply to existing H-1B workers who happen to be currently travelling outside the United States, or to those who subsequently depart and try to reenter the U.S. in H-1B status during the effective period of the Proclamation.
• Restrictions on Petition Adjudications:
  • USCIS is directed not to adjudicate H-1B petitions filed on behalf of individuals who are abroad on or after the effective date, unless accompanied by proof of $100,000 fee payment.
  • Extensions, change of employer, change of status, and amended petitions on behalf of individuals who are already in the U.S. in valid status appear to be exempt.
• National interest exceptions may be available at individual, company, or industry level, subject to DHS approval.
• Additional Government Action:
  • By the end of April 2026 (30 days after the next H-1B cap lottery), key federal agencies will jointly recommend whether the restriction on entry should be extended.
  • The Secretary of State is to issue guidance aimed at preventing B visa misuse (presumably to prevent individuals from entering in B status and filing a change of status petition to circumvent the fee).
  • The Department of Labor is instructed to revise prevailing wage rules and prioritize high-skilled, high-paid foreign nationals.

Next steps

• While it may not be feasible for those outside the U.S. to return before the Proclamation takes effect, employers should consider issuing a travel advisory to H-1B employees (as well as those in other visa statuses who hold an approved H-1B cap petition) to caution against international travel until further details emerge.
• Upon learning of employees who are outside the U.S. and expected to return soon, each case must be evaluated to determine the most prudent course of action, as additional information becomes available.

This alert is for informational purposes only and should not be construed as legal advice.  Please contact your designated Gibney attorney for further guidance.