What Does the New Presidential Proclamation Entail?
The proclamation, which took effect at 12:01 a.m. EDT on September 21, 2025, imposes new restrictions on the entry of H-1B workers into the United States. It applies only to H-1B workers attempting to enter the
U.S. after the effective date and does not apply retroactively to those who already hold valid H-1B visas or whose petitions were filed before the proclamation took effect. Additionally, USCIS will not adjudicate new H-1B petitions unless they are accompanied by a $100,000 fee for workers currently outside the U.S. This fee is stipulated to be a one-time requirement and does not affect renewals. The proclamation is set to expire in 12 months, although it may be extended. (For prior coverage of the 2024 visa fee increases, see GMS Flash Alert 2024-040, February 21, 2024.)
The proclamation also mandates that within 30 days of the next H-1B lottery in March 2026, key federal officials must jointly submit a recommendation to the president regarding whether the restriction should be renewed or extended. Furthermore, the secretary of state is directed to issue guidance to prevent misuse of B visas by H-1B beneficiaries with start dates prior to October 1, 2026. The secretary of labor is also tasked with initiating rulemaking to revise prevailing wage levels and prioritize admission of high-skilled and high-paid nonimmigrants.
How Will the Proclamation Be Implemented?
Federal agencies have subsequently provided clarifying guidance on how the proclamation will be implemented. USCIS and CBP have stated that the proclamation does not apply to individuals who are beneficiaries of H-1B petitions filed before September 21, 2025, those with currently approved petitions, and those holding validly issued H-1B visas.5 They emphasized that the proclamation also does not affect the ability of current H-1B visa holders to enter or exit the United States.
USCIS and CBP also clarified that the proclamation only applies to H-1B petitions filed after the effective date. Petitions filed before September 21, 2025, even if still pending, are exempt from the new restriction. Additionally, the DOS echoed this position, confirming that the restriction applies only to visa issuance or entry based on H-1B petitions filed after the effective date.6 DOS also confirmed that no visas have been revoked as a result of the proclamation.
The DOS H-1B FAQ, which aligns with USCIS guidance, further clarifies that the proclamation does not apply to previously-issued H-1B visas or petitions submitted before the effective date.7 It does not change any fees associated with H-1B renewals, and does not prevent current H-1B visa holders from traveling in and out of the United States.
Are There Any Exceptions to the Proclamation?
Yes, the proclamation includes specific exceptions. Individuals may be exempt if the Department of Homeland Security (DHS) determines, on a case-by-case basis, that their entry is in the national interest and does not pose a threat to U.S. security or welfare. This exemption can apply to individual applicants, employees of specific companies, or workers in certain industries. According to media reports, the White House has indicated that H-1B petitions for doctors might be exempt from the new restriction, although there is no official confirmation on this as of today.8 Additionally, the DOS has indicated that further reforms related to the proclamation will be announced in the coming months.9
How Does the Proclamation Affect H-4 Dependents of H-1B Workers?
H-4 dependents are allowed to enter or re-enter the United States in H-4 status, provided that the H-1B beneficiary to whom their status is tied remains eligible to enter or re-enter under the new guidance. For H-4 dependents of H-1B workers whose petitions were filed before September 21, 2025, attending visa appointments at U.S. consular posts should also proceed as usual.