USCIS and CBP Provide Initial Guidance on the Presidential Proclamation Regarding H-1Bs, but the Situation Remains Fluid

As you are aware by now, a presidential proclamation was signed by President Trump on Friday, September 19th, affecting H-1B visa holders planning on entering the U.S. in H-1B status. The full text: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/

The proclamation indicated that any foreign national currently outside the U.S. planning on entering in H-1B status starting Sunday, September 21st at 12:01 a.m. Eastern Time or later would have to prove they’ve paid the $100,000 fee prior to entry, or they will be refused entry.

Subsequently, on September 20, 2025, USCIS posted its own guidance to USCIS Officers, and U.S. Customs and Border Protection (CBP) clarified that President Trump’s proclamation on the restriction of entry of certain H-1B workers is going to apply only to H-1B petitions filed on or after September 21, 2025.

This means that the following individuals should not be impacted by the proclamation:

• Workers with already approved H-1B petitions.
• Beneficiaries of currently pending H-1B petitions (filed before September 21, 2025).
• Those currently in possession of a validly issued H-1B visa stamp.

According to USCIS and CBP, the implementation of the new $100,000 payment requirement will only apply to new H-1B petitions filed on behalf of beneficiaries who are outside the U.S.

However, due to the uncertainty surrounding this proclamation and the fluidity of the situation, we are advising our Foreign National clients who are currently in the U.S. not to travel outside the U.S. until we have further official guidance and the administration has clarified if the proclamation will also apply to extension of status or change of employer petition filings. We are hoping some clarity will be provided in the very near future.

We are monitoring the events very closely, and we will update you as soon as new guidance is available. Meanwhile, please feel free to reach out with any questions or concerns you might have.