Posted September 20th, 2025 in Top Stories with Tags Corporate Immigration, Immigration Law

Updated: White House Proclamation Restricting U.S. Entry of H-1B Holders Without $100,000 Fee Payment*

Updates

Following its Proclamation on Friday, September 19, 2025, the White House released a clarifying H-1B FAQ the day the Proclamation took effect. The FAQ states that the new $100,000 fee does not apply in the following situations:

The H-1B beneficiary was previously issued an H-1B visa; or
The H-1B worker is the beneficiary of an H-1B petition that was filed before 12:01 a.m. ET on Sunday, September 21, 2025.

The White House’s H-1B FAQ references a USCIS Memorandum and a Tweet by CBP on X containing a Memorandum that also say:

The Proclamation only applies prospectively to H-1B petitions that have not yet been filed. It does not apply to foreign nationals who are the beneficiaries of H-1B petitions filed or approved before the effective date.

Notwithstanding the additional information, the situation is fast-evolving with significant uncertainty remaining. For example, it is still not clear if the Proclamation applies to cap-exempt employers, and it still not clear what constitutes a National Interest Exception to the $100,000 fee. Therefore, we continue to we recommend exercising caution in considering whether to travel internationally for H-1B beneficiaries.

Proclamation

On September 19, 2025, the White House issued a proclamation called RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS found here, restricting the entry of foreign nationals from entering or re-entering the United States in H‐1B status unless accompanied by a $100,000 payment.

Effective Date

The proclamation goes into effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and is set to expire after one year.

Proclamation Highlights

We await further details on the implementation of the proclamation. In the meantime, below is a summary of the proclamation highlights:

The language of the proclamation refers only to H‐1B workers.
The language of the proclamation refers to barring entry to the United States of foreign nationals in H-1B status unless accompanied by a $100,000 payment. However, after the White House issued the proclamation, the Director of the U.S. Citizenship and Immigration Services (USCIS) issued further guidance stating that the proclamation only applies prospectively to petitions that have not been filed at the time the proclamation goes into effect. The White House FAQ and sources referenced therein indicate that the proclamation does not apply to H-1B beneficiaries of petitions filed prior to the effective date, beneficiaries of currently approved petitions as of the effective date, or beneficiaries who are in possession of a validly issued H-1B visa.
The White House tweeted that the proclamation is not an annual fee but a one-time fee to new petitions.
There are still many unanswered questions, including whether or not the proclamation applies to employers and beneficiaries who are exempt from the H-1B cap and what is meant exactly by “new petitions” (e.g., whether it includes H-1B transfer petitions), among other things.
The proclamation includes an exception on the restriction on a case-by-base situation for H-1B workers whose employment is in the national interest and does not pose a threat to security or welfare of United States. No additional guidance has been provided about this.
Within 30 days of the next H‐1B cap lottery (in March 2026), the Department of Homeland Security, Department of State, Department of Labor, and the Attorney General will recommend to the President as to whether extending the restriction is in the country’s best interest.

Travel Warning

Given the uncertainty that remains, we recommend exercising caution in considering whether to travel internationally for H-1B beneficiaries at the moment until further information is available.

* This is a developing situation. Nilan Johnson Lewis will continue monitoring the situation for developments. (September 23, 2025)