President Trump Signs Proclamation to Suspend the Entry of Certain H-1B Nonimmigrant Workers

On September 19, 2025, President Trump issued a proclamation restricting the entry of certain H-1B nonimmigrant workers, requiring a $100,000 payment to accompany or supplement H-1B petitions for new applications. The proclamation, titled “Restriction on Entry of Certain Nonimmigrant Workers,” became effective at 12:01 A.M. EDT on Sunday, September 21, 2025, and absent extension, is set to expire after one year.

On September 20, 2025, U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) issued Memoranda, which noted that the proclamation applies to petitions filed after 12:01 A.M. EDT on September 21, 2025. Specifically, these clarify that, “[t]his Proclamation only applies to petitions that have not yet been filed.” 

While we wait for additional details regarding implementation, below are key points and considerations as of the date of this posting:

• The proclamation became effective 12:01 A.M. EDT September 21, 2025. It is set to expire in 12 months but may be extended.
• The proclamation targets the entry of H-1B nonimmigrant workers into the U.S. who are currently outside the U.S.
• The restriction on entry applies only to H-1B nonimmigrant workers who attempt to enter the U.S. with petitions filed and approved after the effective date. It does not appear to impact H-1B workers already in the U.S. or those currently outside of the country with a valid visa.
• Those who already hold H-1B visas and are currently outside of the country will not be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by the proclamation.
• This proclamation applies to new H-1B visas, not renewals, and not current visa holders. It will first apply in the upcoming H-1B lottery cycle.
• Extensions of stay inside the U.S. where the beneficiary remains in lawful H-1B status are not expressly covered, so unless instructed otherwise, it appears they are exempt.
• Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
• The Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26 – presumably to prevent them from entering and filing a change of status and avoiding the fee.
• The Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of highly skilled and high-paid H-1B nonimmigrant workers.
• The executive order provides for national interest exceptions to the fee, which have not yet been defined.

This is a fluid situation. We will continue to monitor it and provide updates as necessary. Please contact the Immigration Attorneys at Hodgson Russ for specific questions and guidance.

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