New H-1B Rules: What to Know
On late September 19, 2025, the President issued a Proclamation impacting H-1B visa holders. It went into effect at 12:01AM EDT on Sunday September 21, 2025. No advance notice was given to any stakeholders: Restriction on Entry of Certain Nonimmigrant Workers – The White House
The proclamation indicates that it restricts 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 left many questions unanswered. This included whether it applied to only new H-1B workers or also existing H1B workers, and whether current H1B holders would have to pay the fee if they were outside the US when the proclamation went into effect. As a result, most major corporations and law firms advised already approved H-1B workers outside the US to scramble and re-enter before Sunday evening. This caused considerable chaos for many over the weekend.
As of this writing on Monday, September 22, 2025, no proper clarification of the terms of this Proclamation have been issued. What we do have:
A one-page USCIS memo dated 9/20/2025.
A one-page CBP memo dated 9/20/2025.
A Tweet from US Press Secretary Karoline Leavitt on 9/20/2025.
Public statements from Secretary of Commerce Howard Lutnick.
H-1B FAQs released on the USCIS website on 9/21/2025.
These brief memos and FAQs provide scant information. However, a few important points were confirmed/clarified:
The proclamation applies only to prospective petitions filed after the enactment date.
The Proclamation does not prevent any holder of a current H-1B visa from travelling in and out of the United States.
The CBP indicates that they USCIS and DOS have been instructed to begin implementing the new monetary requirements for employers submitting petitions on behalf of “aliens outside the United States for new H-1B petitions only”.
While Secretary Lutnick said the fee was an annual one, Secretary Leavitt tweeted that it was a “one time” fee.
The Leavitt tweet indicates “this applies only to new visas, not renewals, and not current visa holders.”
The Leavitt tweet states explicitly “It will first apply in the next upcoming lottery cycle.”
For those petitions which will fall under coverage of this new 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.
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.
Takeaways:
It appears that extensions of stay including for employees transferring employers, should not fall under the payment terms of this Proclamation.
It appears at present that H-1B workers with current H1B visas can re-enter the US and engage in further international travel. However, we urge caution that this may change without advance notice.
For the foreseeable future, we advise all employers to be aware of any international travel of their H-1B employees and be ready to convey changes (which often come on weekends).
Employers planning to file H-1B petitions that have not been receipted before 9/21/2025 should speak to counsel about impacts.
If you have any questions about how these changes may affect you, or other immigration matters, please do not hesitate to reach out to the Law Office of Adrienne J. Vaughan by email at contact@ajvimmgirationlaw.com or by phone at 617-840-8515.