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: any H-1B worker outside of the U.S. on or after the effective date seeking to enter the United States on an H-1B petition will not be admitted without a $100,000 payment; and, any pending (as of the effective date or after) H-1B petitions for foreign workers presently outside of the U.S. will not be adjudicated without the $100,000 fee. 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. Recommendations Although it is not clear how exactly this proclamation will be implemented at the U.S. border, recommendations include the following immediate actions: Any H-1B workers presently outside of the United States should return to the U.S. prior to midnight EDT Saturday night (tonight, September 20, 2025). Any H-1B workers presently in the United States should refrain from all international travel while this proclamation is in effect, and until further guidance is provided by the government. We will continue to monitor this developing situation. Should you have any questions, please contact one of our immigration attorneys.
