Key Provisions of the Proclamation
- Effective Date: The restriction begins at 12:01 a.m. EDT on September 21, 2025, and is set to expire in September 2026 unless renewed.
- Scope of Restriction: The measure applies to H-1B and H-1B1 workers currently outside the United States. It requires a $100,000 fee to be paid before they may reenter.
- Impact on Current Residents: H-1B workers already in the U.S. are not directly affected. However, those who depart during the effective period will be subject to the new entry restrictions when attempting to return.
- Petition Adjudications: USCIS will not process H-1B petitions for workers outside the U.S. unless proof of payment of the new fee is submitted.
- Exemptions: Extensions of stay, changes of employer, status adjustments, and amended petitions for individuals already maintaining lawful H-1B status inside the U.S. appear to be exempt from the proclamation.
- Future Review: Within 30 days of the next H-1B lottery in March 2026, the Secretaries of State, Labor, Homeland Security, and the Attorney General must recommend whether the restrictions should be extended.
- Additional Measures: The Secretary of State will issue guidance to prevent misuse of B visas by individuals with approved H-1B petitions who seek to bypass the new restrictions.
- The Secretary of Labor will begin rulemaking to revise prevailing wage levels and prioritize the admission of high-skilled, higher-paid workers.
- Exceptions: DHS may grant case-by-case exceptions for individuals, companies, or industries if deemed to be in the national interest and not a threat to U.S. security or welfare.
Practical Considerations for Employers and Workers
Employers and H-1B beneficiaries should act quickly to adjust plans around these new restrictions. Workers currently outside the U.S. are strongly advised to return before the effective date to avoid being subject to the $100,000 fee. Those with upcoming international travel should reconsider, as reentry during the effective period will trigger the new requirements.
For H-1B beneficiaries with approved petitions and valid visas, immediate entry to the U.S. is the safest option until the full scope of the proclamation’s implementation is clarified.
