As reported here and updated here, 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”).  The Proclamation alarmed employers, nonimmigrant visa holders, and immigration practitioners around the country due in large part to the sweeping application of the Proclamation.  As anticipated, the United States Citizenship and Immigration Services (“USCIS”) has issued additional guidance regarding the Proclamation which addresses some of the key open questions that remained in the wake of the Proclamation and initial agency statements.

USCIS has updated the content on its “H-1B Specialty Occupations” website to include new guidance regarding the Proclamation.  See https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations.  This new guidance can be summarized as follows:

Who is subject to the $100,000 payment?

According to the guidance, the restrictions provided in the Proclamation only apply to H-1B petitions filed with USCIS on or after September 21, 2025 on behalf of H-1B beneficiaries who are either:  (1) physically outside of the United States and do not have a valid H-1B visa; or (2) the beneficiary of an H-1B petition filed for (or approved for) consular notification irrespective of the physical location of the H-1B beneficiary.

Who is NOT subject to the $100,000 payment?

The new guidance from USCIS also specifically provides a few clarifications as to when the restriction provided in the Proclamation would not apply.  Specifically, the Proclamation does not apply to petitions requesting an extension of H-1B status, an amendment to previously approved H-1B status, or a change of status from within the United States to H-1B status.  This includes petitions requesting a change of employer.  Notably, in the event USCIS were to deny the procedural request for an extension, amendment, or change of status and approves the substantive portion of the petition only for consular notification, the restrictions under the Proclamation would apparently apply.  This may occur, for example, if USCIS determines that a beneficiary did not maintain lawful nonimmigrant status at the time of filing the petition and thus denies the requested extension, amendment, change of status, or change of employer.

An additional welcome clarification addresses international travel.  An individual beneficiary of an approved request for an H-1B extension, amendment, or change of status “will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.” 

How and when does a petitioner remit the $100,000 payment?

In the event it is determined that an H-1B petition is subject to the Proclamation, USCIS has noted that payments must be made using the online “pay.gov” function pursuant to the instructions provided on the site.  See https://www.pay.gov/public/form/start/1772005176?plugin_version=chrome_4.0.13.  The guidance further provides that such payment must be remitted prior to filing the petition with USCIS as proof of remittance must be submitted along with the petition.

The allowance for an exception to the applicability of the Proclamation has been retained, but the standard appears to be high.  The guidance notes that exception requests and supporting materials must be sent to H1BExceptions@hq.dhs.gov and that it will be an “extraordinarily rare circumstance” when it is determined that the Proclamation will not apply in the national interest.

Koley Jessen will continue to monitor developments related to the Proclamation and will be prepared to provide updates as they come.  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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