Immigration Alert for H-1B Employers and Workers: H-1B Journey Restrictions To Take Impact on Sunday, Sept. 21, 2025 at 12:01 a.m. Eastern Daylight Time | Legislation Bulletins

At a Glance:

On Friday, Sept. 19, 2025, President Trump signed a proclamation, titled “Restriction of Entry of Certain Nonimmigrant Workers.”

The proclamation bans (1) entry of people into the U.S. in H-1B standing, (2) approval of H-1B petitions filed for people who’re exterior the U.S., and (3) approval of H-1B visas with out cost of a $100,000 price or an exemption from the price granted by the Secretary of Homeland Security.

The proclamation takes impact on Sept. 21, 2025, at 12:01 a.m. Eastern Daylight Time.

Key Takeaways:

H-1B employees who’re exterior the U.S. are inspired to return to the U.S. earlier than the proclamation takes impact on Sunday, Sept. 21, 2025, at 12:01 a.m. Eastern Daylight Time.

H-1B employees who’re within the U.S. are inspired to stay within the U.S. till the main points of the proclamation’s implementation are additional clarified.

Details:

• The proclamation takes impact on Sept. 21, 2025, at 12:01 a.m. Eastern Daylight Time.
• The proclamation expires twelve months after it takes impact, however could also be prolonged.
• The entry ban seemingly prohibits all people from getting into the U.S. in H-1B standing with out cost of the $100,000 price or an exemption, no matter whether or not the person seeks to enter the U.S. in H-1B standing for the primary time or seeks to re-enter the U.S. in H-1B standing after a visit overseas.
• The ban on approval of H-1B petitions with out cost of the $100,000 price or an exemption applies provided that the H-1B beneficiary is exterior the U.S. This ban seemingly prohibits USCIS from approving each preliminary and extension H-1B petitions with out the $100,000 price or an exemption if the H-1B beneficiary is exterior the U.S.
• The proclamation grants the Secretary of Homeland Security the discretion to offer exemptions from the $100,000 price if the Secretary of Homeland Security determines that the hiring of explicit people, people working at particular corporations, and people working particularly industries in H-1B standing is within the nationwide curiosity and doesn’t pose a risk to the safety and welfare of the U.S.
• The proclamation directs the Secretary of State to challenge steerage to stop people with accepted H-1B petitions with employment begin dates previous to Oct. 1, 2026, from misusing B (customer) visas, presumably, to bypass cost of the $100,000 price.
• The proclamation requires employers to acquire and retain documentation exhibiting that the $100,000 price has been paid previous to submitting an H-1B petition on behalf of a person who’s exterior the U.S. It isn’t readily obvious whether or not an employer might search an exemption from the Secretary of Homeland Security previous to submitting an H-1B petition for a person who’s exterior the U.S.
• The proclamation directs the Secretary of State to approve H-1B visa “petitions” (presumably “applications”) provided that the $100,000 price has been paid. It isn’t readily obvious whether or not an exemption from the Secretary of Homeland Security authorizes the Department of State to approve an H-1B visa software with out the $100,000 price.
• Within thirty days of the FY 2027 H-1B lottery (to happen in March of 2026), the proclamation directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to submit a suggestion to the President on whether or not the restriction on entry needs to be prolonged or renewed.
• The proclamation directs the Secretary of Labor to provoke rulemaking to revise prevailing wage ranges, that are used to set wages for H-1B employees.
• The proclamation directs the Secretary of Homeland Security to provoke rulemaking to prioritize the admission of extremely expert and extremely paid international nationals to the U.S.

H-1B employers and employees in search of recommendation pertaining to this proclamation ought to contact the Taft Immigration workforce for additional particulars.