Important Updates for H-1B Visas

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September 20, 2025

On September 19, 2025, President Trump issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, implementing a new “$100,000 fee” on H-1B petitions. There remain many uncertainties as to when this proclamation will take full effect and what types of H-1B petitions will be impacted (e.g., cap petitions versus non-cap petitions, change of employer petitions, extensions with the same employer, etc.). However, U.S. Customs and Border Protection, U.S. Department of State, U.S. Citizenship and Immigration Services, and The White House have released additional memorandums and/or FAQs attempting to clarify the scope of President Trump’s proclamation.

The key takeaways from these documents are:

This proclamation applies only to future H-1B petitions. That is, petitions that were filed prior to September 21, 2025, are not affected by this proclamation.
H-1B beneficiaries who possess a valid H-1B visa in their passport are permitted to travel to and from the United States.

The full impact of this proclamation remains unknown because of the hastily drafted proclamation, memorandums, and FAQs. As alluded to in our prior correspondence, we expect there will be numerous legal challenges to this proclamation. However, it is uncertain when these legal challenges will commence and what the court(s) will ultimately decide regarding the legality of this proclamation. Because of this uncertainty, we continue to encourage all H-1B visa holders, including any dependents in H-4 status, to avoid unnecessary international travel and to reach out to our office prior to making any international travel plans.

TAGS: H-1B