Presidential Proclamation Restricting H-1B Entry

On September 19, 2025, President Trump issued a Presidential Proclamation restricting the entry of certain nonimmigrant workers. The policy introduces significant new conditions for H-1B travel, including a substantial new fee for certain individuals.

Key Update: USCIS Clarifications

U.S. Citizenship and Immigration Services (USCIS) has clarified how the Proclamation will be applied.

Who the $100,000 Fee Applies To

• Applies to H-1B petitions filed on or after September 21, 2025
• Applies only to individuals outside the United States
• Applies to cases requesting:
  • Consular processing, or
  • Port-of-entry notification

Who Is NOT Subject to the Fee

The fee does not apply to individuals already in the United States, including:

• Change of status
• Extension of status
• Change of employer

Important Scenarios to Understand

• If a change or extension of status is denied, but the petition is approved for consular processing → the $100,000 fee will apply
• If a change or extension of status is approved, and the individual later travels and applies for a visa abroad → no fee is required
• USCIS requires proof of payment through Pay.gov for cases subject to the fee

Travel and Entry Guidance

If You Are Currently in the U.S.

• You are not subject to the fee for extensions or changes of employer
• Avoid international travel unless necessary, as departure may trigger new requirements for re-entry
  

If You Are Outside the U.S.

• If you have a valid H-1B petition and visa issued before September 21, 2025, you may still be able to enter
• Be prepared for:
  • Delays at ports of entry
  • Additional review by U.S. Customs and Border Protection (CBP)

If You Plan to Travel

• Travel may trigger the $100,000 fee requirement depending on your situation
• Always consult your academic department, and Visa and Immigration Services (VIS) before making travel plans
  
  

National Interest Exceptions

USCIS has introduced a process to request a national interest exception.

• Requests must be submitted via email
• Criteria and timelines remain unclear
• Exceptions are expected to be granted only in extraordinarily rare circumstances

At this time, there are no broad or industry-wide exemptions.

Ongoing Litigation

Legal challenges to this Proclamation are underway, including a lawsuit filed by the U.S. Chamber of Commerce.

The outcome and timeline remain uncertain. VIS will continue to monitor developments and share updates.

What You Should Do

• Consult VIS before traveling internationally
• Carefully review your H-1B petition status and filing date
• Monitor updates, as additional guidance may be issued

Need Help?

For questions or case-specific guidance, contact: vis_scholar@stonybrook.edu 

Additional Resources

For a detailed legal analysis, review Harris Beach Murtha’s article: What We Know About the New H-1B Visa’s $100,000 Fee