Executive Orders and R...

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Presidential Proclamation Imposes $100,000 Fee on Certain H1B Entries

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Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case.

UPDATE 09/24/2025

Since President Trump released his proclamation on Friday, September 19, 2025, imposing a $100,000 fee on certain H1B entries, several government agencies have released information aimed at clarifying the proclamation’s reach. In prior updates (below) we drew attention to USCIS’ memorandum, CBP’s memorandum, and the White House Press Secretary’s statement on x.com. Since then, several more documents have been released:

USCIS, “H-1B FAQ,” September 21, 2025
Department of State, “H-1B FAQ,” September 21, 2025

These documents are identical in content. They state that:

  • The payment is required for “any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. … The fee is a one-time fee on submission of a new H-1B petition.”

  • The payment is NOT required for

    • Previously issued H-1B visas

    • Petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.

    • “[A]ny H-1B renewals.”  Further guidance is needed on what the agencies mean by “renewals.”

  • The proclamation “Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.”

Department of State (“DOS”), “Restriction on Entry of Certain Nonimmigrant Workers,” September 21, 2025

  • States that the proclamation’s “restrictions on visa issuance and entry apply only to [applicants] seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025, at 12:01 a.m. Eastern Daylight Time.” The guidance does not state which type of petitions are affected.

  • Confirms that no visas have been revoked pursuant to the Proclamation.

  • States that all exceptions to the Proclamation “will be determined by the Department of Homeland Security” (DHS), suggesting that DOS will defer to DHS to enforce the fee.

(The White House also released “Fact Sheet: President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers” on September 21, 2025, which we did not link to before. We include it here for completeness’ sake, though it did not provide clarifications on the proclamation’s reach.)

Many questions remain and we await further guidance from the agencies. The only thing that seems certain is that the international travel of current H1B visa holders (i.e., those with a valid unexpired H1B visa printed in their passport) should not be affected by the proclamation and the new fee.

Further clarification is needed regarding USCIS-filed H1B petitions for extensions of stay, amendments of stay, and changes of employer, and cap-exempt H1B petitions, that are filed after September 19, 2025. The guidance seems to be pointing to the new policy affecting only those petitions submitted in the 2026 H1B lottery; however, until we have clarifying guidance or real-time experience, we do not know for sure.  

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025


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UPDATE 09/21/2025

On September 20, 2025, White House Press Secretary Karoline Leavitt posted the following on x.com regarding the new $100,000 fee in President Trump’s September 19 proclamation:

1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.

2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.

3.) This applies only to new visas, not renewals, and not current visa holders.

It will first apply in the next upcoming lottery cycle.

Assuming this announcement is followed by responsible government agencies, this is good news for current H1B visa holders and their employers. Their international travel should not be affected by the proclamation and the new fee.

Litigation may affect the proclamation’s effect on the upcoming H1B lottery in 2026. We will post here as further updates become available.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025


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UPDATE 09/20/2025

On September 20, 2025, U.S. Customs & Border Protection (CBP) posted a memorandum on x.com making certain clarifications to President Trump’s proclamation of September 19. The memorandum states (CBP’s emphasis):

This Proclamation only applies prospectively to petitions that have not yet been filed. It does not impact aliens who are the beneficiaries of currently approved petitions, any petitions filed prior to 12:01 AM ET on September 21, 2025, or aliens in possession of validly issued H­1B non-immigrant visas. United States Citizenship and Immigration Services and the Department of State have been instructed to begin implementing the new monetary requirement for employers submitting petitions on behalf of aliens outside the United States for new H-1B petitions only. The Proclamation does not impact the ability of any current visa holders to travel to or from the United States. CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.

On September 20, 2025, U.S. Citizenship & Immigration Services issued a memorandum also making certain clarifications to President Trump’s proclamation of September 19. The memorandum states (USCIS’ emphasis):

This guidance applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025.  

This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.

Both memoranda appear to confirm that current H1B visa holders may travel internationally without becoming subject to the proclamation’s $100,000 fee, which is a critical omission from the proclamation’s text. CBP, which inspects applicants for admission at the border, says the proclamation only applies prospectively to petitions that have not yet been filed; does not impact beneficiaries of currently approved petitions, any petitions filed prior to 12:01 AM ET on September 21, 2025, or beneficiaries in possession of validly issued H­1B non-immigrant visas; and does not impact the ability of any current visa holders to travel to or from the United States.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025


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ORIGINAL POST 09/19/2025

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.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025

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Update on Vetting of Student (F, M, J) Visas

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Following the pause of visa appointments in the F, M, and J nonimmigrant categories announced on May 27, the Department of State (“DOS”) has now resumed scheduling FMJ visa appointments, and at the same time introduced significant changes to the vetting process for student and exchange visitor, effective from June 18, 2025. This update impacts both new applicants and those renewing or returning under these classifications such as recent graduates using their OPT. Here’s what you need to know:

DOS has mandated that all FMJ visas will initially be “refused” for further review, with the same consular officer responsible for both the interview and vetting tasks. Consular officers will then conduct a thorough review of the entire online presence of applicants, not just social media, to identify any “hostile attitudes” towards U.S. citizens, culture, or government, as well as any support for foreign terrorists or antisemitic activities. The guidance specifically calls out that social media accounts set to “private” may reflect evasiveness. 

Given the increased workload from enhanced screening efforts, consular posts may need to adjust the volume of FMJ cases processed. Priority will be given to J-1 physicians and F-1 students at U.S. universities where international students constitute less than 15% of the total student body (a list of these universities is presumably forthcoming). Consular officers are encouraged to take the necessary time to ensure applicants meet eligibility criteria, with no quotas or targets imposed.

DOS stresses that, as always, every visa decision is inherently a national security decision and emphasizes that applicants must credibly establish their eligibility and intent to engage in activities consistent with their visa terms.

 © Jewell Stewart Pratt Beckerson & Carr PC 2025

U.S. Immigration & Travel Updates - April 2025

Last updated: April 11, 2025

Disclaimer: Any foreign national considering international travel should have an attorney review the circumstances of their case before making plans.

Following is a list of recent immigration and/or travel updates:

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

U.S. Immigration & Travel Updates - March 2025

Last updated: March 17, 2025

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case before making firm plans.

Following is a list of recent immigration and/or travel updates:

  • On March 6, 2025, Reuters reported that a travel ban for nationals of Afghanistan and Pakistan (and possibly other countries) is imminent. On March 14, the New York Times published an expanded potential list, with three categories of “banned” nations. It is not yet known whether the bans will apply to only visa holders, or if they will apply to permanent residents (green card holders).  However, in the previous Trump administration, the bans initially targeted all foreign nationals.  Presumably the ban will be enforced at U.S. Ports of Entry (i.e., a "travel ban") vs. a visa issuance ban; however details are not yet available on this point either.  The bans could take effect at any time, possibly Friday, March 21 which would be 60 days following the January 20, 2025 review ordered by an Executive Order mandating a vetting and screening security analysis.

    • Red: All travel banned - Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen

    • Orange: Visas sharply restricted - Belarus, Eritrea, Haiti, Laos, Myanmar, Pakistan, Russia, Sierra Leone, South Sudan, Turkmenistan

    • Yellow: 60 days to address concerns - Angola, Antigua and Barbuda, Benin, Burkina Faso, Cambodia, Cameroon, Cape Verde, Chad, Republic of Congo, Democratic Republic of Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mali, Mauritania, St. Kitts and Nevis, St. Lucia, São Tomé and Príncipe, Vanuatu, Zimbabwe.

  • On February 28, 2025, USCIS announced a new policy regarding instituting removal proceedings for applicants who are denied certain benefits applications. According to the policy, USCIS will issue a Notice to Appear (“NTA”, a charging document instituting removal/deportation proceedings) if an applicant is not in status when a benefit request is denied.

  • On February 25, 2025, USCIS announced an “Alien Registration Requirement” mandating registration with the U.S. government for certain individuals. An Interim Final Regulation is due to be published on March 12. An advance copy of the rule is available in the Federal Register.

Refer to our January 2025 post here for previous updates: https://www.jspvisa.com/blog/2025/january2025travelupdates.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

U.S. Immigration & Travel Updates - January 2025

Last updated: March 17, 2025

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case.

Following is a list of recent immigration and/or travel updates:

  • Review initial Executive Orders issued by the new administration on this post.

  • As of January 22, 2024, the COVID-19 vaccine is no longer required for medical exams filed with USCIS. On March 11, 2024, the Department of State removed the requirement for immigrant visas as well, following the CDC’s updated guidance to panel physicians.

  • On January 26, 2025, the U.S. issued a visa issuance ban against select members of the Colombian government officials and their family members and the Embassy has cancelled existing visa appointments and prevented scheduling of new ones. Watch the Embassy website for the latest updates.

  • On January 27, 2025, USCIS “paused” the Uniting for Ukraine Program.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Trump Administration’s Initial Executive Orders on Immigration

Updated January 24, 2025

Several Executive Orders (“EOs”) from the Trump administration issued on January 20, 2025 introduce changes that may affect employers and their foreign national employees. This post offers a brief overview of some select EOs’ main points and their potential implications for employment-based immigration. As of this writing, few implementation details are known. As we gain clarity on the implementation of specific policies, we will provide more detailed insights.

 America First Policy Directive to the Secretary of State:  Similar to the “Buy American Hire American” directive of the previous Trump administration, the Secretary of State is directed to put the U.S. and U.S. citizens first in all foreign policy. This will affect visa issuance decisions at consular posts. Applicants should be prepared to explain how their proposed work will benefit the U.S. Similar to the “National Interest Exception” requests required during the COVID travel bans, it may be helpful to reference the critical infrastructure list, as well as describe jobs created for American workers and investments made in the U.S. Additional policies and procedures will be forthcoming on this point.        

America First Trade Policy: “The United States Trade Representative shall commence the public consultation process set out in section 4611(b) of title 19, United States Code, with respect to the United States-Mexico-Canada Agreement (USMCA) in preparation for the July 2026 review of the USMCA.  Additionally, the United States Trade Representative, in consultation with the heads of other relevant executive departments and agencies, shall assess the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses and make recommendations regarding the United States’ participation in the agreement.” This review may have an effect on TN occupational categories and visa issuances. 

Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats:  The Secretary of State, Attorney General, the Secretary of Homeland Security (includes USCIS, CBP), and the Director of National Intelligence, are ordered to identify resources and determine information needed to confirm a foreign national’s identity and that the foreign national is not a national security or public-safety threat. Screening and vetting procedures are to be at a “maximum” level and the agencies are ordered to “re-establish baseline” for visa issuances and “immigration benefits” which likely includes petitions and applications filed not only with the State Department but with USCIS. These procedures may also include additional vetting at application for admission at U.S. ports of entry. A 60-day review of information-sharing from other countries is ordered, setting the groundwork for possible travel bans for nationals of countries that don’t share enough information. There is also a potential look-back at foreign nationals who have been admitted to the U.S. since Jan. 20, 2021, when President Biden took office. Finally, the EO orders a review of Foreign Affairs Manual, which is the set of regulations governing how the posts issue visas, among other things, and in particular the inadmissibility (criminal and related) grounds in the manual.   

Initial Recissions of Harmful Executive Orders and Actions:  This EO rescinds many of President Biden’s EOs, and may affect prior directives related to streamlining visa processing, including doing away with visa interview waivers and potentially scrapping a long-planned and already successfully piloted stateside visa renewal program as well as potentially stopping the re-use of biometrics, among other things. On January 23, the Trump administration issued another EO revoking a Biden EO related to AI, which contained several policies related to O-1, EB-1, EB-2, and entrepreneur parole visa options for foreign nationals with AI expertise.

Protecting the Meaning and Value of American Citizenship:  “It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons:  (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Note that this could affect children born to nonimmigrant visa holders. An ACLU lawsuit has already been filed to challenge this policy. On January 23, 2025, a federal judge blocked this policy.

Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government:  “The Secretaries of State and Homeland Security . . . shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.” 

Two final EOs that potentially implicate case processing times and visa interview and adjustment or status or naturalization appointment availability include the Return to In-Person Work and Hiring Freeze EOs.   

© Jewell Stewart Pratt Beckerson & Carr PC 2025 

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Executive Order on AI: Attracting Global Talent to the United States

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In a move to strengthen the United States’ position in the global artificial intelligence (AI) landscape, on October 30, 2023, the Biden Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), which sets forth a comprehensive strategy to attract and retain top AI talent from around the world. These initiatives aim to streamline immigration pathways and ensure that the U.S. remains a hub for innovation and technological advancement.

The Executive Order recognizes the importance of attracting and retaining foreign talent in critical and emerging technologies, such as AI. To achieve this goal, the order outlines several key directives to the Department of State (DOS) and the Department of Homeland Security (DHS) related to immigration, including:

  1. Streamlined Visa Processing: DOS and DHS are tasked with taking appropriate steps to streamline visa processing times for noncitizens seeking to work, study, or conduct research in AI or other critical and emerging technologies. This includes ensuring timely availability of visa appointments and facilitating continued availability for applicants with expertise in these fields.

  2. J-1 Skills List Revision:  DOS is required to consider initiating rulemaking to revise the DOS’s Exchange Visitor Skills List. This would impact the two-year foreign residence requirement.

  3. Stateside Visa Renewal Program:  DOS is required to consider implementing a domestic visa renewal program to enable qualified applicants, including highly skilled AI talent, to continue their work in the United States without unnecessary interruption. The program may also be expanded to include academic J-1 research scholars and F-1 students in STEM fields. (Note that a stateside renewal pilot program is already expected to launch in early 2024.)

  4. Policy Changes for Extraordinary Ability Applicants and Entrepreneurs:  DHS is directed to review and initiate necessary policy changes to modernize immigration pathways for AI experts. This includes reviewing categories such as O-1A and EB-1 extraordinary ability applicants, EB-2 advanced-degree holders, and startup founders in AI and other critical technologies who may benefit from the International Entrepreneur Rule which has largely been unused.  (The modernization of the H-1B program is also mentioned. See our post on the proposed H-1B rules for more information.)

  5. Revision to Schedule A List of Occupations:  The Department of Labor is instructed to publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities. The goal is to identify AI and STEM-related occupations for which there is an insufficient number of qualified U.S. workers, the designation of which which may streamline some permanent residency applications.

Note that many of these proposals would require rulemaking.  Jewell Stewart & Pratt will watch developments related to these directives closely, including the publishing of policy updates or proposed rules, and post updates here as they occur.

 © Jewell Stewart & Pratt PC 2023

Negative COVID Test Required for all Travelers from China

March 15, 2023 update: CDC posted a notice in the Federal Register effective March 10, 2023, rescinding pre-flight testing requirement for persons traveling from China.

Original post:

Starting at 12:01 AM ET on January 5, all passengers originating from China, Hong Kong, and Macau will be required to provide a negative COVID test or documentation of recovery to board a flight to the United States. The requirement applies to all travelers regardless of nationality or vaccination status.

According to the CDC alert:

“[A]ll air passengers two years and older originating from the PRC will be required to get a test (such as a PCR test or an antigen self-test administered and monitored by a telehealth service or a licensed provider and authorized by the Food and Drug Administration or the relevant national authority) no more than 2 days before their departure from the PRC, Hong Kong, or Macau, and show a negative test result to the airline upon departure.

  • The requirement applies to these air passengers regardless of nationality and vaccination status.

  • This will also apply to persons traveling from the PRC via third country transit and to passengers connecting through the United States onward to further destinations.

  • Along with applying this requirement to direct flights from the PRC, passengers transiting Incheon International Airport, Toronto Pearson International Airport, and Vancouver International Airport on their way to the United States will be required to provide a negative COVID-19 test if they have been in the PRC in the last 10 days no more than 2 days before their departure to the United States. These three transit hubs cover the overwhelming majority of passengers with travel originating in the PRC and the Special Administrative Regions. We will continue to monitor travel patterns, adjust our approach as needed, and keep Americans informed in a timely manner.

  • Passengers who tested positive more than 10 days before the flight can provide documentation of recovery from COVID-19 in lieu of a negative test result.

  • Airlines must confirm the negative COVID-19 test result or documentation of recovery for all passengers before they board or deny boarding to the passenger.”

The U.S. Embassy in Beijing also provides further information regarding entry/exit requirements and testing/vaccine availability on its website. Not that the CDC’s order regarding proof of vaccination is still in effect. For additional information, the CDC’s COVID travel page is available here and includes a Travel Assessment Tool. Persons traveling in or visiting China should also be aware that many of the Embassy/Consular locations are not providing regular visa services due to COVID’s operational impacts.

© Jewell Stewart & Pratt PC 2023

CDC Eliminates COVID-19 Testing Requirement for Air Arrivals

 On Sunday, June 12, CDC rescinded the COVID-19 testing order for U.S. air arrivals. Note that the vaccine requirements for non-USCs/LPRs are still in place as follows:

 

Finally, a reminder that documented recovery or proof of antibodies cannot replace the vaccine requirement. Boosters are not currently required to meet the vaccine requirement. 

© Jewell Stewart & Pratt PC 2022

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New Travel Ban Issued for Southern African Countries

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12/28/2021 update:

On December 24, 2021, the Biden Administration stated that it would lift the Southern African travel ban at midnight on December 31, 2021.

Original post 11/29/2021:

On November 26, 2021, the Biden Administration issued a new geographic travel ban due to the emerging Omicron COVID-19 variant. The ban goes into effect today, November 29, 2021, and suspends entry for anyone present in the listed countries for the 14 days preceding entry. The countries include: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.  Many of the same exceptions apply as with previous bans, such as Lawful Permanent Residents, parents of minor U.S. citizens, and spouses of U.S citizens.  As of this writing, DHS has not announced implementation details except via an announcement to air carriers which instructs that previously granted National Interest Exception (NIE) waivers are void as to this ban, and that this ban does not affect the vaccine and testing requirements for U.S. entry that are currently in place. The Department of State has a short summary of the new ban here.

© Jewell Stewart & Pratt PC 2021