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On September 19, 2025, President Donald Trump issued a proclamation restricting the entry of certain H-1B nonimmigrants. The order mandates a $100,000 payment prior to filing H-1B petitions for workers currently outside the United States, with exceptions granted only if the worker, the employer of the worker or the industry of the worker is deemed in the national interest and does not pose a threat to U.S. security or welfare. Further, the Department of Labor is tasked with revising the prevailing wage levels to be “consistent with the policy goals” in order to prioritize the admission of “high-skilled and high-paid” nonimmigrants. The restriction is set to last for 12 months, from Sept. 21, 2025 to Sept. 20, 2026, and may be extended based on recommendations from federal agencies. Legal challenges are
expected.
While the proclamation caused initial confusion over the weekend, clarification from the White House, USCIS and Customs & Border Protection states that the $100,000 fee will apply to FY2027 H-1B petition filings only. It is not applicable to individuals who already hold H-1B status or are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, even if they are outside of the country.
Although the White House clarified that H-1B visa holders can leave and re-enter the country to the same extent they normally would, postponing any unnecessary international travel until further clarification is received on the implementation of the program may be prudent. Any H-1B workers who are outside the country should be prepared for additional scrutiny and possible delays at the border as training of CBP officers is implemented. See below for FAQ’s:
Does the proclamation affect me if I am already in H-1B status?:
As of this point, the White House has confirmed that this proclamation does not impact any current H-1B visa holders, nor will it affect extensions or visa processing. However, out of an abundance of caution, H-1B workers should remain in the U.S. to the extent possible, until further clarity is received on how this program will be applied. There are still many unanswered questions regarding the implementation and how expected litigation will impact it, so we advise that H-1B workers remain in the U.S. until we have more information.
I am already outside the U.S. and was not able to re-enter before September 21, 2025. Will I be able to get back in?:
This proclamation does not impact any individuals who were included in the 2025 H-1B lottery or earlier. You should be admitted back in H-1B status as normal though there may be some delays or additional scrutiny at the border as training is ongoing.
I am on the cap list for FY2026. How will it impact me?:
At this point it is our understanding that this program will only impact applicants who are outside of the U.S. when filing the H-1B. We do not believe it will impact those filing for a change of status from within the U.S. though
that is not entirely clear yet.
Are there any exceptions?:
There will be some exceptions for individuals, companies and/or industries that are in the national interest as determined by DHS. The process for determining what is in the national interest is not yet clear.
Will there be legal challenges?:
The proclamation will likely be challenged in court, and we are still awaiting procedural guidance for new H1B petitions for the next filing period in 2026.
Does this apply to other visa categories and/or will something similar be implemented for other visa categories?
We do not know if there will be anything
similar implemented for any other visa categories at this time. The H-1B visa was of particular concern to the administration, so we are hopeful that it won’t extend beyond this visa classification at this time it is too soon to say.
These developments underscore the ongoing impact of U.S. immigration policy, with the potential for significant legal and economic ramifications for affected communities. Moore & Van Allen is closely monitoring these developments as they unfold.
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