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[FAQs related to registration and document requirements can be found here.]

Last updated: September 24, 2025

On September 19, Donald Trump issued a proclamation imposing a new $100,000 fee on certain H-1B employers and beneficiaries, specifically on “new” H-1B petitions on behalf of individuals outside of the US. See Restriction on Entry of Certain Nonimmigrant Workers – The White House. The proclamation became effective at 12:01 a.m. EDT September 21, 2025 and expires after twelve months, but may be extended.

Who is affected by Trump’s September 19, 2025 H-1B travel ban?

No one yet. When the proclamation was initially released, its broad wording suggested it might affect the travel and reentry of all current H-1B visa holders, not just first-time beneficiaries. We now have clarification from the United States Citizenship and Immigration Services (USCIS) confirming that the proclamation only applies prospectively to H-1B petitions that have not yet been filed. It does not apply to beneficiaries of petitions filed prior to the effective date to the proclamation, beneficiaries of currently approved petitions, or beneficiaries in possession of validly issued H-1B non-immigrant visas.

Additionally, the White House has published an H-1B FAQ, confirming that the $100,000 fee applies to restrict the entry of individuals outside of the US who are beneficiaries of H-1B petitions submitted for the 2026 lottery and any other “new” H-1B petitions filed after the effective date. Due to conflicting language in guidance issued since the original proclamation, questions remain regarding which “new” H-1B petitions may be impacted.

As the details on how the new proclamation will be implemented and possible legal challenges continue to evolve, here is the current understanding of where things stand:

Does the proclamation apply to recent H-1B cap beneficiaries or all H-1B visa holders?

No, the USCIS clarifying memorandum makes clear that the proclamation only applies prospectively to petitions that have not yet been filed. It does not apply to beneficiaries of petitions filed prior to the effective date to the proclamation, beneficiaries of currently approved petitions, or beneficiaries in possession of validly issued H-1B non-immigrant visas. Therefore, current H-1B visa or status holders may continue to travel internationally and reenter the US in H-1B status with a valid H-1B visa and the new fee does not apply to those H-1B cap beneficiaries from the 2025 lottery.

Does the proclamation apply to H-1B extensions or changes of status filed while a beneficiary is inside the US?

The proclamation makes no reference to petitions requesting an extension of H-1B for workers in the US. It is not clear at this time whether the fee could apply to H-1B “change of employer” or “change of status” petitions. 

Is it possible to get an exception to the travel ban & new fee?

Yes, the proclamation provides that it may be possible to seek an exception to the ban if the individual’s travel to the US would be in the US’s national interest. It remains to be seen how difficult this will be to prove.

Are cap-exempt employer H-1B petitions (such as universities, nonprofit research institutions, or affiliated nonprofits) exempt from the new proclamation?

No, cap-exempt employers are not specifically exempted. It remains uncertain whether discretionary national interest exemptions would apply to cap-exempt employers.

Are there any broad implications the new proclamation may have on the overall H-1B program?

In addition to potentially restricting the travel of new H-1B visa holders, the proclamation directs the Department of Labor (DOL) to review current wage levels set for H-1B positions. Proposed increases to the prevailing wages required for certain H-1B occupational classifications are likely forthcoming, which could impact the ability of employers to file new and extended H-1B petitions for some employees. 

The new proclamation is consistent with prior Executive Orders that have heightened scrutiny on the H-1B program resulting in increases to Requests for Evidence (RFEs), delayed adjudications, and adverse agency decisions. These actions have made securing H-1B status in the US more challenging and are expected to continue under the current political climate.  

Are there any implications for me if I’m in another work authorized status other than H-1B, like L-1, TN, E-3, O-1 or other nonimmigrant status?

No, this proclamation does not impact people in other statuses.