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UPDATE FROM AILA Proclamation Order Effecting H-1B Visa Holders LEGAL CHALLENGES & NEXT STEPS

UPDATE FROM AILA Proclamation Order Effecting H-1B Visa Holders LEGAL CHALLENGES & NEXT STEPS
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 is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

UPDATE: On September 20, 2025, USCIS and CBP issued Memoranda which noted that the proclamation applies to petitions filed after 12:01 am EDT on September 21,2025. Specifically, it clarifies that “this Proclamation only applies to petitions that have not yet been filed.” These documents have been posted on aila.org. 
 
                    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.

•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.

•Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.

•Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26 – presumably to prevent them from entering and filing a change of status and avoiding the fee.

•Secretary of Labor shall initiate rule making to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.
 

Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.

 

 As of now, we have not received reports of clients being stopped at ports of entry for non-payment of the $100,000 fee. However, in light of the uncertainties, we recommend that clients avoid international travel whenever possible until further clarity emerges or a federal court issues a temporary restraining order (TRO) or injunction against the policy.

 

Our team is in active communication with employers, employees, and other attorneys across the United States to monitor how the Proclamation is being implemented in real time.


At Somireddy Law Group, your well-being and legal security remain our highest priority. We will continue to provide updates as the situation develops. If you or your employees are planning international travel or considering new H-1B filings, please consult our attorneys for tailored guidance before making any decisions. 

 

 

By :

Santosh R. Somireddy.
Attorney and Founder 
Somireddy Law Group.
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