On September 19, 2025, President Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” affecting new H-1B petitions and entry of certain nonimmigrant workers. This blog explains what the Proclamation says, who it affects, and, critically, what it does not change for individuals who already hold valid H-1B visas or whose petitions were filed before the Proclamation’s effective date.
What the Proclamation Does
- Beginning **12:01 a.m. EDT, September 21, 2025**, any *new* H-1B visa petition filed for individuals who are outside the U.S. must be accompanied by a **$100,000 fee** paid by the employer.
- This requirement applies to the 2026 H-1B lottery and all petition filings submitted after that timestamp.
- It also empowers the Departments of Homeland Security, State, and Labor to take additional reforms. These include revising prevailing wage levels and prioritizing “high-skilled, high-paid” applicants (whether via lottery priority or other regulatory adjustments).
- There are exceptions if the Secretary of Homeland Security (in coordination with other agencies) determines that entry of certain foreign workers is in the national interest and does not threaten U.S. security or welfare.
What the Proclamation Does Not Do
- It does not apply to H-1B visas or petitions submitted *before* 12:01 a.m. EDT, September 21, 2025.
- It does not change any payments or fees for H-1B renewals for current visa holders.
- H-1B holders in good standing can still travel to and from the United States.
Implications for Current H-1B Visa Holders
For individuals who already hold valid H-1B status, or whose petitions were filed before the Proclamation’s effective date, here are the key takeaways:
- No immediate change in status or renewal procedure. Current H-1B holders are unaffected in terms of status renewal, visa extension, or travel, assuming all other criteria are met. The Proclamation explicitly refrains from altering existing H-1B arrangements.
- Petitions filed before Sept 21, 2025, remain valid. If your petition was submitted before the adequate time, the new $100,000 requirement does not apply to it.
- For dependents or change of employer outside the U.S.: caution advised. If your change involves travel or you are outside the U.S. when you need to get the visa or entry, new restrictions might affect you depending on timing. Consult the relevant guidance and timing.
- No retroactive effect. As with many Proclamations, this one does *not* retroactively invalidate or alter legal statuses granted prior to the effective time.
What Current or Prospective Applicants Should Do
If you are currently on H-1B, or will be applying for one, here are steps to consider to avoid unexpected issues:
- Check when your petition was or will be filed. If before Sept 21, 2025 (effective date/time), you may be exempt from new requirements. Confirm in writing with your attorney or employer.
- For new H-1B filings (especially lottery petitions or new employment arrangements), budget for the $100,000 fee if the employee is outside the U.S. after that date. Adjust employer budgets accordingly.
- If you travel, coordinate timing to avoid being outside when the restriction takes effect, to ensure your return is not impacted.
- Stay updated on guidance from USCIS, Department of State, and DHS; rulemakings are underway to adjust prevailing wage levels and to prioritize high-skill/high-pay. These changes may alter which petitions succeed, timelines, or required documentation. :contentReference[oaicite:10]{index=10}
- Consult immigration counsel or your firm’s HR if your employer is part of industries with heavy use of H-1B workers (e.g., STEM, IT outsourcing), to assess whether your particular position or filing may be subject to an exception or national interest determination.
Possible Long-Term Effects
While immediate effects are limited for existing visa holders, the Proclamation signals these broader shifts:
- Focus on wage levels and skills may lead to the redefinition of what kinds of H-1B jobs are considered “specialty occupations,” or what wage thresholds are necessary to qualify.
- Enforcement and oversight are likely to increase; employers will need to provide more robust documentation and pay attention to compliance.
- Industry impacts in STEM & IT outsourcing may become more pronounced, as many employers in those sectors historically rely on lower-wage foreign workers under the H-1B program.
- Legal challenges and policy changes may follow, particularly in how exceptions are handled, how national interest determinations are made, and how courts interpret new regulatory guidance.
Conclusion
The September 2025 Proclamation introduces meaningful new requirements for *new* H-1B filings, especially involving applicants outside the United States. However, its immediate impact on those already in valid H-1B status is fairly limited. Renewals, ongoing employment, and travel by current visa holders remain largely unchanged under the new rule. If you are an H-1B holder or plan to apply, it’s vital to monitor updates from USCIS, DHS, and the Department of State, and to consult with experienced immigration counsel to understand how your particular situation may be affected as the implementing regulations and guidance develop. Richards & Jurusik is closely tracking these developments.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
