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Update on H-1B Proclamation and Agency Guidance

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Update on H-1B Proclamation and Agency Guidance

On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. The proclamation adds a $100,000 fee for certain H-1B cases. It took effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and is set to remain in place for one year.

The following day, on September 20, 2025, USCIS and CBP released memoranda clarifying how the proclamation will be applied. The agencies explained that the new requirement applies only to H-1B petitions filed on or after September 21, 2025. In their words: “This Proclamation only applies to petitions that have not yet been filed.”

This means the proclamation does not apply to:

  • Beneficiaries of petitions filed before the effective date,
  • Beneficiaries of already approved petitions, or
  • Individuals who already have a valid H-1B visa.

In practice, this suggests that current and pending H-1B applicants are not subject to the new $100,000 fee. Renewals for H-1B holders also appear to be exempt. However, since the situation is still developing, we recommend that H-1B workers check with our office before traveling internationally. There are still many open questions, and legal challenges are expected. We will continue to provide updates as new information becomes available.

Please contact our office to schedule a consultation appointment. During your consultation, our attorneys will review your immigration options with you and answer any questions you may have.

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