A presidential proclamation was signed by President Trump on Friday September 19th affecting H-1B visa holders planning on entering the U.S. in H-1B status. Here’s the full text: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/.

The proclamation says that any foreign national currently outside the U.S. planning on entering in H-1B status starting Sunday 12:01 a.m. Eastern Time or later will have to prove they’ve paid the $100,000 fee prior to entry, or they will be refused entry. This directive applies to H-1B Cap visa holders for this fiscal year and existing H-1B visa holders. The proclamation did not provide any guidance or a mechanism on how to pay that fee. Until that happens, we expect chaos to occur at airports and ports of entries around the U.S. Additionally, foreign nationals who have already scheduled H-1B visa appointments may face some uncertainties in the coming days when attending their interviews.

The proclamation mentions exceptions to be applied if they’re in the national interest. However, it is unclear what this means or how it will be implemented.

This will certainly be challenged in court, but until there is more clarity on how this will unfold, expect this proclamation to be carried out by the authorities to whom the directive has been given by the President.

What you Should Know About this Proclamation:

• Employers must pay a $100,000 fee for most new H-1B applications, extensions, and transfers involving workers abroad.
• The proclamation explicitly mentions foreign nationals entering the U.S. in H-1B status. There is no explicit mention of H-1B Change of Employer, Change of Status, Amendments or Extensions filed within the U.S. to be subject to this fee. So, this is still a grey area and until further clarification is provided by the administration or DHS, foreign nationals can still file H-1B petitions if they are currently present in the U.S.
• H4 dependent may also face the risk of being denied entry if the fee isn’t paid since they are dependent on the H-1B. However, no explicit mention or guidance on that was provided.
• The rule will be in effect for 12 months starting Sunday at 12:01 AM EST and may be extended or revised; compliance is mandatory.
• National interest exemptions are available, determined by government review.
• Documentation of payment is required for every application and must be retained for compliance checks.
• Higher wage and skill standards might apply for future H-1B approvals.

Until there is more clarity how the proclamation will be implemented, it is strongly advisable to follow this precautionary measure:

• If you are outside the U.S. and have an H1B visa stamp, we strongly urge you to return to the U.S. before 12:01 Eastern Time, Sunday, September 21st.
  
• If you have a dependent in H4 status currently outside the U.S., they should also return the U.S. before 12:01 a.m. Eastern Time, Sunday, September 21st.
  
• If you are currently in the U.S. in H-1B or H4 status, do not leave the U.S.