President Trump signed a proclamation late Friday stating that H-1B personnel will not be allowed to enter the United States after September 21, 2025, unless their business has paid a $100,000 charge for each individual. It appears that any H-1B applicant arriving in the US after 12:01 a.m. EDT on Sunday, September 21, 2025, is subject to the entry ban and fee obligation.
According to the proclamation, if the Department of Homeland Security determines that H-1B employment is in the national interest and does not endanger the security or welfare of the United States, it may make exceptions to the ban for specific foreign nationals, foreign nationals employed by a specific company, or foreign nationals employed in a particular industry. The restriction will last for a year, although federal immigration agents may seek an extension. For foreign nationals for whom an FY 2027 H-1B cap petition was authorized, an extension would maintain the ban. Before certifying a State Department or USCIS H-1B visa application, DHS and the State Department are required to confirm that the $100,000 cost has been paid. Procedures for paying fees have not yet been disclosed.
In order to prevent the misuse of the B-1/B-2 visa, the proclamation instructs the Secretary of State to provide counsel to those who have an authorized H-1B petition for employment before October 1, 2026. Because of this, H-1B petition beneficiaries who want to travel to the United States for business or pleasure may face more scrutiny when they apply for a B visa or try to enter the country through the Visa Waiver Program. The Department of Homeland Security is directed by the proclamation to start the regulation process that would give preference to the most highly qualified and well-paid foreign nationals. The Office of Management and Budget has already approved a DHS proposal to establish a weighted mechanism for allocating the H-1B limit, and it is anticipated to be made public for comment in the days ahead. Additionally, it instructs the Department of Labor to suggest modifications to the H-1B prevailing wage structure. Even though prevailing wages were not on the Administration’s most recent regulatory agenda, a proposed regulation might be released in the upcoming months. A federal court delayed and eventually retracted an attempt to increase prevailing wages during the first Trump Administration. It would take several months to complete notice-and-comment rulemaking procedures for a new regulation.
What H-1B applicants and employers should know right away about the new entry restrictions.
- Those who are abroad and have an authorized H-1B petition/Visa should attempt to return to the United States by Sunday, September 21, 2025, at 12:01 a.m. EDT.
- H-1B nonimmigrants who want to leave the country and return on or after September 21 should postpone their plans until the extent of the entrance restrictions is known. Foreign nationals may expect considerable delays in their ability to return to the United States if they must travel abroad.
- The entry prohibition is anticipated to be challenged in court, and court rulings may result in abrupt changes to guidance for H-1B nonimmigrants and their employers.
Luke Bowman Law will continue to monitor and update the situation. If you have questions regarding your specific situation, feel free to contact us or book an appointment
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact us.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman