DHS Issues Guidance Following Presidential Proclamation Restricting H-1B Entries

 

On September 19, 2025, President Trump issued a Proclamation significantly restricting the entry of certain H-1B nonimmigrant workers. The administration cites concerns over alleged abuse of the H-1B program and its impact on U.S. workers’ wages, employment opportunities, and national security.

Restriction on Entry

Beginning 12:01 a.m. EDT on September 21, 2025, foreign nationals seeking to enter the U.S. in H-1B status will be barred from admission unless the sponsoring employer pays an additional $100,000 fee on top of existing filing fees.

Duration

The restriction will remain in effect for 12 months (through September 21, 2026), unless extended.

National Interest Exceptions

The Secretary of Homeland Security may grant exemptions for:

  • Individual workers

  • Entire companies

  • Whole industries where H-1B hiring is deemed to be in the national interest and not a threat to U.S. security or welfare.

Future Regulatory Changes

  • The Department of Labor has been directed to revise prevailing wage levels for H-1B positions.

  • The Department of Homeland Security has been instructed to prioritize admission of the “highest-skilled and highest-paid” H-1B workers.

Agency Guidance: USCIS and CBP Clarifications

USCIS and CBP have clarified the scope of the Proclamation:

  • The rule applies only prospectively to new H-1B petitions filed on or after September 21, 2025.

  • The Proclamation does not apply to:

    • Beneficiaries of petitions filed before September 21, 2025

    • Beneficiaries of already approved H-1B petitions

    • Individuals holding valid H-1B visas as of the effective date

  • Current H-1B visa holders are not affected and may continue to travel to and from the U.S. without restriction.

What This Means for Employers

  • Existing H-1B employees and petitions already filed are unaffected.

  • Employers filing initial H-1B petitions for individuals outside the U.S. must now budget for the additional $100,000 payment.

  • For now, this primarily affects employers exempt from the H-1B lottery who are sponsoring initial petitions.

  • Looking forward, this fee requirement poses a significant challenge for the 2026 H-1B cap lottery, unless litigation succeeds in blocking implementation.

Next Steps

The Departments of Homeland Security, State, and Labor are expected to release further guidance and begin rulemaking to implement changes on prevailing wage levels and prioritization criteria. We will continue to monitor developments closely and provide updates as they become available.






 
Nadia Yakoob