Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case.
On September 19, 2025, President Trump signed a proclamation restricting the entry of H1B nonimmigrant workers unless their petitions are accompanied by a new $100,000 payment. This dramatic policy shift has generated immediate concern among employers, foreign workers, and the broader business community.
Below, we break down the key points of the proclamation and its immediate impact. We believe the effect of this proclamation is limited to new petitions filed after its effective date, September 21, 2025 at 12:01am Eastern Time. However, we anticipate that government agencies will issue implementation details in the coming weeks.
Key Takeaways from the Proclamation
Applies to H1B workers outside the U.S. The new restriction appears to apply only to H-1B workers outside the United States who seek to enter on or after September 21, 2025. Guidance from U.S. Customs & Border Protection is presumably forthcoming.
Temporary in scope: The restriction is set to expire after 12 months (unless extended).
Exceptions available: The Department of Homeland Security (DHS) may waive the requirement for individual foreign workers, foreign workers employed by particular companies, and foreign workers in particular industries where it is deemed to be in the national interest. It is unclear how DHS will administer these exceptions.
Other petitions: H1B petitions for extensions, amendments, and changes of employer appear to be unaffected. However, we are awaiting guidance from the DHS and U.S. Citizenship & Immigration Services.
What This Means for Employers
Current H-1B workers in the U.S. do not seem directly affected. Employers can continue filing extensions and amendments under existing rules unless and until clarification is received from DHS.
New hires abroad are impacted. Unless the $100,000 payment has accompanied an H1B petition for a foreign national outside the U.S.—or an exception applies—entry will be blocked.
Legal challenges are likely. Similar measures in past administrations have been delayed or struck down in court, meaning implementation may not proceed as quickly or broadly as announced.
Until further information and guidance is received from the government, it is recommended that H1B workers currently present in the United States refrain from international travel.
The proclamation also directs the Department of Labor (DOL) and DHS to begin rulemaking to (1) raise prevailing wage levels and (2) prioritize high-wage, high-skill H1B cases. We will provide more information on this as it becomes available.
Bottom Line
While the headline number is striking, the most important point is that this proclamation does not seem to apply to H1B workers already in the U.S. and may face significant legal challenges before it is implemented.
We are closely tracking developments and will provide timely updates as the situation unfolds.
Reminder: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart Pratt Beckerson & Carr PC 2025