On September 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”, aimed at addressing perceived misuse of the H-1B visa program. The proclamation imposes measures intended to protect the country’s security, economy, and labor market by limiting entry and increasing scrutiny of prospective H-1B workers. While the Proclamation originally raised broad concerns, recent clarifications from the Official White House Rapid Response account have narrowed its scope significantly.
Key Clarifications from the White House
The Proclamation does not apply to current H-1B visa holders or those who participated in the 2025 H-1B lottery. It now applies only to future H-1B applicants who are currently outside the U.S. Importantly:
- Current H-1B visa holders are not affected and may continue to travel to and from the United States without restrictions.
- H-1B applicants who have already participated in the 2025 lottery are exempt.
- There are exceptions to these restrictions, such as for cases involving national interest or other criteria as determined by the relevant authorities.
These clarifications address many of the uncertainties regarding already approved petitions and valid H-1B visas.
Conflicting or Unclear Language Still Present
Despite the clarification, certain aspects of the Proclamation remain problematic:
- Section 2(b) states:
“Secretary of State shall verify receipt of payment of the amount described…and shall approve only those visa petitions for which the filing employer has made the payment.”
This is legally inaccurate. The Secretary of State does not approve visa petitions; USCIS (Department of Homeland Security) has exclusive authority to adjudicate H-1B, I-140, I-130, R-1, and other visa petitions. Multiple agencies, including the Department of Homeland Security, Department of State, and other federal agencies, are responsible for implementing the proclamation, enforcing regulations, and managing compliance with immigration laws. Each agency may issue guidance to clarify their responsibilities and procedures under the new rules, and agencies may restrict decisions on visa petitions in accordance with the proclamation. Employers should monitor for agency guidance and updates as agencies issue guidance on compliance and implementation.
The requirement for a $100,000 payment per H-1B petition still lacks economic justification and is not aligned with standard USCIS fee-setting procedures under Immigration and Nationality Act (INA) § 286(m), 8 U.S.C. 1356(m). The $100,000 must be paid by the employer before the agency will process the petition. There is no clarity on how collected funds would be used or if they contribute to public or administrative benefit.
Scope of Application
Following the update:
- The Proclamation is now limited to new H-1B applicants currently outside the United States.
- It does not impact current H-1B visa holders, those already approved, or previous lottery participants.
- While this narrows its practical impact, employers and companies planning to sponsor future H-1B applicants abroad will still need to comply with new payment requirements and documentation protocols once guidance is issued. Each company affected by the proclamation must ensure payment is made before the H-1B petition is adjudicated by USCIS. The proclamation also impacts foreign workers seeking employment in the United States, as they and their prospective employers must meet these new compliance obligations. Relevant agencies and authorities will provide updates on compliance procedures and any changes to the process.
Implementation and Timeline
The Presidential Proclamation, officially titled “Restriction on Entry of Certain Nonimmigrant Workers,” is set to take effect at 12:01 a.m. Eastern Daylight Time on September 21, 2025. From this effective date, employers seeking to sponsor future H-1B workers, outside the United States, must pay the $100,000 fee before any petition will be processed. The Department of Homeland Security will restrict decisions on H-1B petitions that do not include proof of payment, and both the Department of State and Homeland Security will verify that the fee has been paid during the visa issuance process.
Employers are required to retain documentation of the $100,000 payment for each affected worker, as this will be subject to agency review and verification. The proclamation is scheduled to remain in effect for 12 months, unless extended or modified by further guidance from the relevant agencies. During this period, the Department of Homeland Security will also revise prevailing wage levels to ensure that H-1B workers are compensated fairly and do not adversely affect the U.S. labor market.
Given the complexity and evolving nature of these new restrictions, employers and H-1B workers are strongly advised to seek legal counsel and closely monitor agency guidance for updates on compliance, payment procedures, and any changes to the effective period. Staying informed and proactive will be essential for employers to navigate the new requirements and avoid disruptions to their workforce planning and international hiring strategies.
Visa Restrictions and Fees
The Presidential Proclamation issued by President Trump on September 19, 2025, introduces a significant new fee requirement for certain nonimmigrant workers, specifically targeting future H-1B workers, outside the United States. Under this proclamation, employers must pay a $100,000 fee on behalf of each future H-1B employee who is currently outside the U.S. and wishes to obtain entry. The stated goal of this measure is to address systemic abuse of the H-1B program, which the administration argues has led to displacement of American workers and downward pressure on prevailing wage levels in high-skilled sectors.
The Department of Homeland Security determines eligibility for the H-1B petition, and both the Department of State and the Department of Homeland Security will verify that the required payment has been made before processing visa issuance. Employers are responsible for retaining documentation of the payment and ensuring compliance with all related requirements. The proclamation takes effect at 12:01 a.m. Eastern Daylight Time on September 21, 2025, and will remain in force for 12 months unless extended by further notice. This effective time and date serve as the official start date for the new visa restrictions and fee requirements, marking the point from which compliance and enforcement will be measured.
This new fee requirement applies only to future H-1B workers, outside the United States. Employers must be prepared to pay the $100,000 fee for each affected H-1B employee and should anticipate higher costs and additional administrative steps in the filing process. The Departments involved are expected to issue further guidance on payment procedures and documentation protocols, so employers should closely monitor official updates to ensure full compliance.
Are H-1B Workers “Detrimental” to U.S. Interests?
The Proclamation relies on INA §§ 212(f) and 215(a), which allow the President to restrict entry of aliens deemed “detrimental to the interests of the United States.” The proclamation claims to serve the national interest by addressing perceived threats to the welfare of American workers, asserting that misuse of the H-1B program could pose a threat to U.S. economic security and the welfare of domestic labor markets.
- There is no factual or legal basis to classify H-1B workers as harmful.
- Congress established the H-1B program to support innovation, economic growth, and fill skill gaps.
- Economic studies consistently show that H-1B workers enhance U.S. competitiveness, create jobs indirectly, and contribute to industry growth.
Even with the narrowed scope, H-1B workers remain an essential part of the U.S. labor market.
Employer Actions and Recommendations
Employers with H-1B employees should strongly advise their workforce to avoid international travel during the effective period of the Presidential Proclamation, as re-entry into the United States may be subject to new restrictions and the $100,000 fee requirement. It is essential for employers to review the proclamation in detail, assess its impact on their current and prospective H-1B employees, and plan accordingly to minimize disruption.
Implications
- For Current H-1B Workers: No changes—travel and visa status remain unaffected.
- For Employers: Only those planning to sponsor future H-1B applicants abroad need to prepare for the $100,000 payment and compliance documentation.
- Legal and Administrative Concerns: Misstatements in the Proclamation regarding authority and fee justification may still raise questions, and implementation guidance will be essential. Employers are strongly advised to seek legal counsel to navigate the complex regulatory environment and ensure compliance with the new requirements. The proclamation is initially set for a 12-month period, but renewal or extension of these restrictions may be considered by the relevant authorities based on national interests and security considerations.
Next steps: Employers should monitor for further updates, consult with legal counsel, and begin preparing necessary documentation to comply with the new regulations.
Conclusion
The recent White House clarification significantly reduces the Proclamation’s immediate impact. Current H-1B visa holders and prior lottery participants are exempt, easing many concerns about travel and reentry.
However, the requirement for a $100,000 payment for future overseas H-1B applicants, combined with lingering legal ambiguities about authority and fee justification, continues to pose administrative and legal challenges. Employers and immigration professionals should monitor official guidance closely to ensure compliance for new H-1B applicants.
If you have any questions about this Presidential Proclamation, please contact our Raleigh, NC, office for guidance. At HSD Immigration Lawyer, we specialize in complex employment– investment- and family-based immigration matters.