New H-1B Journey Restriction – Minsky, McCormick & Hallagan

UPDATE: September 20, 2025: USCIS issued a memorandum stating that the “This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” 

There nonetheless stay uncertainty and confusion amongst H-1B people and their employer as to whom precisely this proclamation will have an effect on and the way precisely this proclamation will take impact.
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Original Post:
On September 19, 2025, the White House issued a Presidential Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. This proclamation successfully bars H-1B visa holders exterior the U.S. from entry or re-entry into the U.S. except their employer pays a $100,000 charge. 

While the proclamation is imprecise and lacks implementation particulars, listed below are the important thing takeaways: 

• Effective date: The proclamation goes into impact at 12:01 a.m. Eastern on September 21, 2025, lower than 36 hours after being issued.

• Who is impacted: It restricts the entry or re-entry of H-1B visa holders at the moment exterior the U.S., successfully making a journey ban.

• $100,000 charge: The proclamation states that H-1B employees could also be allowed to enter the U.S. if their petition consists of proof of cost of a $100,000 charge.

• Unclear logistics: No data has been offered on when, how, or where this charge needs to be paid.

• Possible exceptions: DHS might waive the restriction for a person, firm, or business if decided to be within the “national interest” of the U.S. However, no standards or course of for qualifying have been launched.

The proclamation imposes vital restrictions on H-1B employees exterior the United States, nevertheless, right now, H-1B filings and case processing contained in the U.S. (H-1B extensions, H-1B amendments, H-1B transfers to alter employers, or functions to alter nonimmigrant standing from one other standing (e.g. F-1 scholar standing) to H-1B standing) stay unaffected. The proclamation’s most speedy influence is on H-1B employees overseas or those that have been planning worldwide journey. 

What You Should Do Now: 

• If you might be an H-1B employee overseas, search to return to the U.S. earlier than September 21, 2025, if doable. This means being processed by way of the port of entry previous to 12:01AM japanese time on September 21, 2025.

• Avoid all worldwide journey whereas we await additional steerage or till this order is blocked by the courts.

Bottom line:  

• There is not any indication that H-1B filings throughout the U.S. have any modifications and H-1Bs will doubtless proceed to be processed as normal for workers throughout the U.S.

• H-1B employees ought to keep away from any worldwide journey right now.

• H-4 dependents usually are not talked about throughout the proclamation, so they need to be allowed entry again into the U.S., however count on there to be delays and confusion on the port of entry.

• The proclamation is unfair, imprecise, and legally questionable. Immigration attorneys are getting ready to problem it in court docket.

We will proceed monitoring this case intently and share updates as new steerage turns into obtainable. Please contact us with any questions on how this may occasionally have an effect on you or your staff.