On Sept. 19, 2025, President Donald Trump signed a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” impacting the H-1B visa program.
While waiting for details regarding implementation, below are key points and considerations regarding the proclamation:
- Requires a $100,000 payment to accompany new H-1B visa petitions submitted after 12:01 a.m. EDT on Sept. 21, 2025. This includes the 2026 lottery and other H-1B petitions submitted after 12:01 a.m. EDT on Sept. 21, 2025.
- Does not apply to previously issued H-1B visas or H-1B petitions submitted prior to 12:01 a.m. EDT on Sept. 21, 2025.
- Does not change payments or fees required in connection with H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
- Does not prevent holders of current H-1B visas from traveling in and out of the United States. However, H-1B visa holders are advised to refrain from international travel until implementation is further clarified.
The Department of Homeland Security may allow exceptions for an individual, company or industry, if it determines it is in the national interest of the United States and does not pose a threat to the security or welfare of the United States. Guidance on the national interest exception process is not yet available. Cap-exempt entities such as universities and nonprofits are not carved out but may qualify under this exemption.
McGuireWoods will continue to monitor and provide updates when available.