**FOR IMMEDIATE RELEASE**

Travel Ban on H-1B Nonimmigrants Takes Effect on 12:01 am on September 21

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.

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.
    • However, it could impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.
  • 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 rulemaking 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. 

INTERIM RECOMMENDATION: Employers should encourage any H-1B workers who are currently abroad to return to the U.S. as soon as possible before the effective date – tomorrow, SUNDAY SEPTEMBER 21, 12:01 EDT. Travel outside of the U.S. for visa processing/renewals will be impacted so H-1B workers should refrain from all international travel until implementation is further clarified. For H-1B cap case beneficiaries with approved petitions and a valid H-1B visa, they should seek to enter the U.S. as soon as possible. This is a developing situation and we are monitoring it closely.

KIDAMBI AND ASSOCIATES will continue to monitor this and provide updates, as necessary.