UPDATED: Fast Restrictions on H-1B Visa Program – Efficient September 21, 2025

Beginning 12:01 a.m. EDT on September 21, 2025, H-1B petitions filed for staff at present exterior the U.S. will likely be denied except accompanied by a $100,000 supplemental charge per petition based on the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. International journey for visa processing and renewals will likely be impacted. H-1B staff who don’t at present maintain a legitimate H-1B visa as of September 20, 2025 ought to contemplate refraining from all worldwide journey or threat being unable to reenter the U.S.

Although the Administration has not offered charge fee directions, the Proclamation instructs the Department of Homeland Security (DHS) and the Department of State (DOS) to confirm the employer’s fee of the $100,000 charge earlier than approving an H-1B visa utility or USCIS petition.

Absent a court docket order pausing implementation of the charge, the Proclamation will expire September 21, 2026, however could also be prolonged.

For Affected H-1B Employers and Employees

Employers and overseas nationals presently exterior the U.S. ought to contemplate the next till additional clarification and steerage is offered.

• H-1B staff with future plans to journey exterior the U.S. or these at present exterior the U.S. who might want to apply for a brand new H-1B visa to return ought to contemplate suspending journey till additional clarification is offered concerning entry restrictions. If they’re unable to postpone their worldwide journey, they could encounter vital delays returning to the U.S.
  
   
• Extensions and Amendments are at present not impacted by the Proclamation for people at present within the U.S.
  
   
• H-1B beneficiaries planning to make use of B-1/B-2 or ESTA earlier than October 1, 2026 or aspiring to journey underneath these classifications previous to a change of standing or interval of keep must be conscious of elevated scrutiny by the DOS and seek the advice of your Baker Donelson immigration lawyer earlier than coming into the U.S.

We advise employers to observe the textual content of the Proclamation till additional steerage is on the market. Employers are urged to speak with staff at present exterior the U.S. about visa issuance delays, denials, and vital journey delays when reentering the nation.

Additional Key Points of the Proclamation

• H-1B CAP-exempt employers usually are not particularly exempted from the charge. However, it’s seemingly that industries already thought of to be within the nationwide curiosity of the U.S. could also be exempted from the extra $100,000 entry charge.
  
   
• Rulemaking for Prevailing Wages requires the Department of Labor to organize new rules to boost prevailing wage ranges with DHS to prioritize approval of higher-paid H-1B staff. 

While the H-1B visa program stays energetic, together with various petition pathways corresponding to nationwide curiosity exemptions, we anticipate additional steerage from the Administration and count on authorized challenges to this proclamation within the days forward. Please contact a Baker Donelson immigration lawyer with questions. Our attorneys are ready to assist employers develop methods to navigate the reentry of staff exterior the U.S. after the efficient date of the Proclamation.