Late in the day on September 19, 2025, President Donald Trump issued a Presidential Proclamation entitled “Restriction of Entry of Certain Nonimmigrant Workers” (the Proclamation). As presented, the Proclamation restricts H-1B nonimmigrant workers from entering the United States unless they or their petitioning employer has paid a fee of $100,000 for the individual worker. Absent immediate legal challenges and further information from the administration, the Proclamation is set to take effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and will remain in place for 12 months, unless extended.

Editor’s Note (October 2025): Koley Jessen has published follow-up alerts on this topic. The first summarized early agency statements and areas where further guidance was anticipated. A subsequent update now covers the additional guidance issued by the United States Citizenship and Immigration Services (“USCIS”), which addresses several open questions raised by the Proclamation. Read the latest article here.

Key Points / Unanswered Questions

• The Proclamation restricts entry for H-1B nonimmigrants unless their petition is accompanied by a $100,000 payment.
• The Proclamation directs the Secretary of the Department of Homeland Security (“DHS”) to restrict approvals for H-1B petitions from individuals who are currently outside the United States that are not accompanied by the $100,000 payment.
• The Proclamation gives the DHS the authority to grant an exception to: (a) any individual foreign national; (b) all foreign nationals working for a specific employer; or (c) all foreign nationals working in a specific industry if it is in the national interest of the United States and does not pose a threat to the national security or welfare of the United States. At this point, no further guidance is available on the parameters for such waivers, when to apply for them, or how to apply for them.
• In addition to the Proclamation itself, a Fact Sheet regarding the Proclamation has also been issued. If both documents are read collectively, slight nuances in the language could raise questions as to the application of the restrictions to individuals with an approved petition or visa prior to the effective date of the Proclamation. Any such carveouts would obviously be welcome, but it is unclear at this point if that is in fact the case.
• It may be tempting for individuals with a valid B nonimmigrant visa to attempt to enter the United States on that basis and then submit a petition to change status once in the United States so as to avoid any imposition of the $100,000 payment at entry, if required. The Proclamation confirms an awareness of this potential strategy with instructions for the issuance of guidance to ensure that no such misuse of the B nonimmigrant visa category is exercised.

Current Considerations / Next Steps

Given the scope of the Proclamation, the incredibly short lead time before it becomes effective, and the lack of formal guidance at this point, it is not yet clear how the Proclamation will be implemented and administered as a practical matter. That said, based on the plain language of the Proclamation, H-1B workers and employers should consider at least the following at this juncture:

• As noted above, there are many unanswered questions – both substantively and practically – with respect to the Proclamation. Unless and until there is official clarification from the administration or implementing agencies, it will be wise for employers and foreign national workers to follow the Proclamation “as written” and interpret its limitations as restrictive as possible. More information and updates will be provided as they become available.
• Because there is no way of knowing how the fee payment will be implemented, individuals who are physically outside of the United States with a valid H-1B visa should make every effort to return to the United States prior to 12:01 a.m. EDT on Sunday, September 21, 2025, if at all possible. If that is not possible, it may be advisable to wait abroad for further updates and instructions.
• Similarly, for H-1B nonimmigrants with plans to travel outside the United States on or after September 21, 2025, it is strongly advised to put those plans on hold for the time being unless there is further clarification as to the scope and implementation of the Proclamation.

Koley Jessen will continue to monitor developments related to the Proclamation and will be prepared to provide updates as they come. It is anticipated that litigation will be initiated in some form as to the Proclamation, which could dramatically change the landscape. We encourage you to contact a member of our Immigration practice group with any questions regarding the Proclamation, or if you would like assistance in strategizing other nonimmigrant and/or immigrant visa options in light of the Proclamation and other developments.

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