As reported 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. Presumably in response to these reactions, various agencies issued memos and guidance over the weekend to address some of these immediate concerns. While material questions still persist, this update provides a summary of what has been communicated at this point as well as where we hope to see further guidance.

What’s Been Communicated So Far

CBP Memo

U.S. Customs and Border Protection (“CBP”) confirmed that the Proclamation applies “prospectively to petitions that have not yet been filed”, that the Proclamation “does not impact the ability of any current visa holder to travel to or from the United States”, and that border officers “will continue to process current H-1B visa holders in accordance with all existing policies and procedures.” See https://x.com/CBP/status/1969512486627095007/photo/1

USCIS Memo

Similarly, U.S. Citizenship and Immigration Services (“USCIS”) confirmed that the Proclamation does not apply to individuals who “are the beneficiaries of petitions that were filed prior to the effective date of the [P]roclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” See https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf

DOS Communication

The U.S. Department of State (“DOS”) published an FAQ document on its website that links to the above memos from CBP and USCIS and also confirms that the Proclamation does “not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.” See https://www.state.gov/h-1b-faq/. This communication by the DOS appears to confirm that “normal course” extensions of H-1B status filed while the individual is currently in the U.S. will not be assessed the new fee (absent, of course, future guidance to the contrary). That said, there does appear to be an open question as to future travel/visa stamping for individuals in that scenario (please see below).

Open Questions

These various updates and confirmations are certainly welcome – especially in light of the broad wording of the Proclamation. That said, questions still persist as to the practical implementation of the Proclamation as well as the impact on certain H-1B nonimmigrant visa holders.  Specifically, at least the following situations remain open questions /unanswered by the Proclamation and formal guidance issued to date:

• Do the restrictions apply to H-1B nonimmigrant visa holders who are physically present in the U.S. as of the effective date of the Proclamation, but on whose behalf an H-1B extension is filed after the effective date of the Proclamation, and there is subsequent international travel?
  • The Proclamation and the existing guidance would appear to make the subsequent H-1B petition and travel subject to the Proclamation if there is not a valid H-1B visa stamp in the applicable passport as of the travel/presentation for reentry. However, the agencies also appear to limit the applicability of the Proclamation to “new” petitions, which may imply first-time/cap subject H-1B petitions. It is hoped that additional clarity will be provided on this point.
• When/How is the payment to be provided (if required)?
  • It is anticipated that the DOS and/or USCIS will be providing information on this in the coming days/weeks.
• What are the grounds to achieve a national interest waiver if the Proclamation is applicable?
  • It is anticipated that the DOS and/or USCIS will be providing information on this in the coming days/weeks.
• Is it appropriate to travel internationally at this point in time/are there any risks in doing so?
  • The CBP guidance noted above confirms that all customary policies and procedures apply to international travel at this point. That said, given the rapidly changing/evolving status of the Proclamation, it is advisable that current H-1B nonimmigrant visa holders keep a very close watch on updates if international travel is necessary. It may be wise to reconsider and/or delay non-emergent international travel until there is further clarity as to the extent of the impact of the Proclamation.

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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