On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

THEN: On September 20, 2025, USCIS and CBP issued Memoranda which noted that the proclamation applies to petitions filed after 12:01 am EDT on September 21,2025. Specifically, it clarifies that “[t]his Proclamation only applies to petitions that have not yet been filed.”  The proclamation does not apply to foreign nationals 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 nonimmigrant visas.

Based on this update, it appears that currently approved or pending H-1B applicants are not subject to the $100,000 payment requirement. It also appears to exempt renewals for currently approved H-1B holders.  However, this remains an evolving situation, and any international travel should be taken with caution, as there are many open questions, and we expect this will be litigated.