On September 19, 2025, President Trump issued a proclamation via Executive Order, 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 is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

While we wait for details regarding implementation, below are key points and considerations:

• The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
• The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S. pursuant to INA 212(f).
• The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the U.S.
  • However, it could impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.
• USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.
• Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt

This Executive Order violates existing regulations that have already set the filing fees for H-1B initial or renewal applicants. It violates the Administrative Procedures Act (APA) for failure to provide proper due process to applicants, and litigation will be filed swiftly to combat the executive order.

In the mean time, I recommend any H-1B visa holder outside the US at this time, and/or who may be traveling to the United States soon, to talk to Catherine Brown an H-1B immigration lawyer in Denver, Colorado for advice at this time. Contact us at 303-322-2117.