Immediate Restrictions on H-1B Visa Program – Effective September 21, 2025

Although the Administration has not provided fee payment instructions, the Proclamation instructs the Department of Homeland Security (DHS) and the Department of State (DOS) to verify the employer's payment of the $100,000 fee before approving an H-1B visa application or USCIS petition.

Absent a court order pausing implementation of the fee, the Proclamation will expire September 21, 2026, but may be extended.

For Affected H-1B Employers and Employees

Employers and foreign nationals presently outside the U.S. should consider the following until further clarification and guidance is provided.

• Foreign nationals currently outside the U.S. with an approved H-1B petition and visa are advised to return to the U.S. immediately - before the Proclamation's effective date of 12:01 a.m. EDT on Sunday, September 21. Foreign nationals unable to reenter the U.S. before midnight may wish to await additional information before attempting to return to the U.S.
  
• H-1B visa holders with future plans to travel outside the U.S. should consider postponing travel until further clarification is provided regarding entry restrictions. If they are unable to postpone their international travel, they may encounter significant delays returning to the U.S.
  
• Extensions and Amendments are currently not impacted by the Proclamation for individuals currently in the U.S.
  
• H-1B beneficiaries planning to use B-1/B-2 or ESTA before October 1, 2026 or intending to travel under those classifications prior to a change of status or period of stay should be mindful of increased scrutiny by the DOS and consult your Baker Donelson immigration attorney before entering the U.S.

We advise employers to follow the text of the Proclamation until further guidance is available. Employers are urged to communicate with employees currently outside the U.S. about visa issuance delays, denials, and significant travel delays when reentering the country.

Additional Key Points of the Proclamation

• H-1B CAP-exempt employers are not specifically exempted from the fee. However, it is likely that industries already considered to be in the national interest of the U.S. may be exempted from the additional $100,000 entry fee.
  
• Rulemaking for Prevailing Wages requires the Department of Labor to prepare new regulations to raise prevailing wage levels with DHS to prioritize approval of higher-paid H-1B workers.

While the H-1B visa program remains active, including alternative petition pathways such as national interest exemptions, we anticipate further guidance from the Administration and expect legal challenges to this proclamation in the days ahead. Please contact a Baker Donelson immigration attorney with questions. Our attorneys are prepared to help employers develop strategies to navigate the reentry of employees outside the U.S. after the effective date of the Proclamation.