Updated Guidance Regarding H-1B Entry Ban

The White House, US Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP) and the Department of State (DOS) have issued guidance (linked below) following the Presidential Proclamation signed by President Trump late Friday evening, which effectively banned individuals outside the U.S. from re-entering in H-1B status unless their H-1B petition was accompanied or supplemented by a payment of $100,000, or their entry would be in the national interest.

The most recent guidance clarifies that the new $100,000 fee does not apply to beneficiaries of approved H-1B petitions filed before September 21, 2025, including:

1. H‑1B workers now abroad who are reentering the U.S.; and
2. H‑1B workers making international trips and returning in the future. 

According to the guidance, the Proclamation only applies to new H‑1B petitions filed on or after September 21, 2025. This means that H-1B workers whose petitions were filed before September 21, 2025 should be allowed to re-enter the U.S. in H-1B status without their employer having to pay $100,000 or having to qualify for a “national interest exception.” Individuals whose H-1B petitions were approved before September 21 should also be able to process their H-1B visa applications at U.S. Embassies and Consulates abroad without having to pay the supplemental fee.

Although this is welcome news, many details remain unclear, including whether the Proclamation will apply to H-1B extensions, amended H-1Bs, H-1B change of employer petitions or first-time H-1B petitions filed for individuals in the U.S. We are also waiting for guidance regarding how the $100,000 fee will be collected, which industries/individuals will be eligible for a fee waiver and how to request a national interest exception.

Given the myriad problems with how the initial Proclamation was drafted, the chaotic nature of the rollout, the lack of clear, uniform guidelines from the administration and the fact that much of the subsequent guidance has conflicted with the Proclamation itself, we continue to advise caution regarding international travel. This means considering delaying non-essential international travel until we have a better understanding of how this is being implemented.

Finally, we note that at least one lawsuit is current being prepared to challenge the legality of the Proclamation, which we expect to be filed in the near future. 

If you have any questions about the Proclamation, policy guidance or how this impacts your immigration status, or the immigration status of your employees, please let us know.

USCIS FAQ | Sept 21, 2025
https://www.uscis.gov/newsroom/alerts/h-1b-faq

DOS FAQ | Sept 21, 2025
https://www.state.gov/h-1b-faq?sfnsn=wa

White House FAQ | Sept 21, 2025
https://www.whitehouse.gov/articles/2025/09/h-1b-faq/

CBP Memo | Sept 20, 2025
https://x.com/CBP/status/1969512486627095007

White House Rapid Response | Sept 20, 2025
https://x.com/RapidResponse47/status/1969476188008575149

USCIS Memo | Sept 20, 2025
https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf

Presidential Proclamation | Sept 19, 2025
https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/