On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers, became effective at 12:01 a.m. Sunday, September 21, 2025, and is set to expire after one year. The initial wording of the H-1B Proclamation was extremely vague and imprecise and suggested that the new fee would apply to all H-1B visa holders outside the U.S. on the effective date, which caused chaos and panic, with many H-1B workers rushing to get back to the U.S. before the Saturday evening deadline.
Following this initial chaos, the White House, Customs and Border Protection (“CBP”), U.S. Citizenship and Immigration Services (“USCIS”), and the Department of State (“DoS”) each separately issued additional information through text, tweets, guidance memos, and FAQs in the following days stating that the Proclamation does not apply to current H-1B visa holders and that these individuals can continue to enter and reenter the U.S. as normal. Despite these additional clarifications, there continues to be conflicting information due to confusing wording across these individual resources which makes it difficult to ascertain the full scope of the new rule.
Summary:
Confusion remains regarding the scope of the H-1B Proclamation due to a combination of inconsistent statements across various government agencies as well as a lack of precision in the wording of the updated guidance. The situation appears to be evolving daily, as the agencies attempt to implement the proclamation. There are a number of unanswered implementation questions for which we continue to seek answers.
What we Know:
Despite this inconsistency and confusion, the following can be confirmed at this time:
- Not Retroactive – the Proclamation applies only to Petitions Filed After 9/21 – The Proclamation’s visa issuance and entry restrictions do not apply to H-1B beneficiaries whose petitions were filed prior to the September 21st effective date (includes both approved and pending petitions). These individuals can continue to travel as normal.
- We have confirmed that H-1B visa holders have been able to return to the US without incident since Sunday.
- H-1B visa stamps will continue to be issued to H-1B beneficiaries whose H-1B petitions were filed prior to the September 21st effective date without proof of the $100,000 fee payment.
- We have confirmed that visa applicants who have attended visa interviews this week based on previously approved H-1B petitions have been issued H-1B visas without proof of payment of the fee.
- National Interest Exemptions will be available to individuals, companies, and industries, though eligibility guidelines have not yet been released.
What We Don’t Know:
Given inconsistencies across the various official government resources, the following remains unclear at this time:
- Whether H-1B petitions filed with USCIS after the effective date (9/21/2025) will be adjudicated without payment of the fee – USCIS and CBP guidance indicates that the $100,000 fee applies to “new” H-1B petitions and not “renewals”. However, it is unclear how USCIS and CPB are defining a “new” petition. It is not clear whether the fee will be required for H-1B petitions filed with USCIS seeking an extension of stay, including change of employer or amended petitions for those in lawful H-1B status, or change of status applications filed after September 21, 2025.
- We have confirmed that H-1B extensions, H-1B change of employer and H-1B change of status have been accepted by USCIS this week without the fee, though we do not yet have confirmations of any approved cases.
- Whether visas will be issued based on an H-1B petition filed after the effective date (9/21/2025) without fee payment.
- Whether the fee applies to H-4 dependents.
- The criteria and procedures for requesting a National Interest Exception (“NIE”) – DHS and DoS have not provided any guidance on the criteria, application process, and what agency/agencies will adjudicate these requests as well as the processing times for such requests. Further, it is not clear whether factors like non-profit status, being a small employer or a start-up, are going to be factors considered when adjudicating an NIE.
- Mechanics of new fee payment – No guidance has been provided regarding payment remittance procedures. Based on the wording in some of the guidance it appears this fee will be paid separately from the standard USCIS filing fees submitted along with the petition, but this is not yet confirmed.
FAQs
Please find below responses to FAQs MHS has been receiving regarding the H-1B Proclamation, based on the confirmed information available to-date:
I Have a Valid H-1B Visa Stamp, Can I Travel?
Yes. While travel is never entirely without risk, the various agencies have all confirmed that the Proclamation does not apply to current H-1B visa holders and that these individuals can continue to enter and reenter the U.S. as normal.
I Have an Approved H-1B Petition but My Visa Stamp is Expired, Can I Travel?
Yes. While travel is never entirely without risk and other recent changes may result in longer wait times for consular appointments, the DoS has confirmed that H-1B visa stamps will continue to be issued to H-1B beneficiaries whose H-1B petitions were filed prior to the September 21st effective date.
How are H-4 Dependent Beneficiaries Impacted?
H-4 dependent beneficiaries are not directly subject to the fee but if the principal beneficiary is subject to the fee, it is likely that their H-4 application or H-4 admission will be restricted along with the principal H-1B beneficiary.
Does the Petition apply to H-1B1s?
No. The proclamation specifically cites only the H-1B statutory provision (INA § 101(a)(15)(H)(i)(b)), not the H-1B1 provision (INA § 101(a)(15)(H)(i)(b1)), so the current understanding is that its scope should be limited to H-1B visas. That said, there is a risk of confusion at ports of entry, as CBP officers sometimes conflate the H-1B and H-1B1 categories so H-1B1 beneficiaries may want to travel with additional documentation confirming the fee does not apply to their visa category.
MHS is continuing to monitor this developing situation and will provide updates as more information becomes available.