Client Alert
David W. Gearhart, Sarah E. Mullen, Jacquelyn S. Eakle
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Late on September 19, 2025, a Presidential proclamation was issued restricting the entry into the United States of anyone seeking to enter or reenter the U.S. on a H-1B petition without payment of a $100,000 fee. The proclamation is effective as of 12:01 a.m. EDT Sunday, September 21, 2025.
Effectively, the proclamation sets forth that:
The proclamation does not appear to impact H-1B workers presently in the U.S. However, it could impact those who are currently in the U.S. who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.
The language of the proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers or any H-4 dependents outside of the U.S.
Extensions of stay for those H-1B workers inside the U.S., including change of employer, change of status and amended petitions—where the beneficiary remains in lawful H-1B status inside the U.S.—are not expressly covered, so they may be exempt from the proclamation.
The proclamation does allow for exceptions if the Department of Homeland Security determines that the hiring of a certain H-1B worker is in the national interest of the United States and does not pose a threat to the security or welfare of the United States. However, no guidance on those exceptions has been provided as of this writing.
Although it is not clear how exactly this proclamation will be implemented at the U.S. border, recommendations include the following immediate actions:
We will continue to monitor this developing situation. Should you have any questions, please contact one of our immigration attorneys.

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