On the evening of Friday, September 19, 2025, the President issued a proclamation to restrict the admission of H-1B workers outside the United States as of the effective date of September 21, 2025. After 12 hours of confusion regarding the reach and impact of the proclamation, U.S. Citizenship & Immigration Services (USCS) offered some vague clarification. While some questions have been answered, others remain, in part due to variances between the broad wording of the proclamation and the more restrictive clarifications. Details continue to emerge, but the following are based on the proclamation and additional guidance that have been issued over the weekend: 

• 1- Question: What is the H-1B proclamation that was issued on Friday, September 19, 2025? 

Answer: On September 19, 2025, the President issued a Presidential Proclamation entitled, “Restrictions on Entry of Certain Nonimmigrant Workers.” The proclamation went into effect at 12:01 AM Eastern Daylight Time on September 21, 2025. By the terms of the proclamation, it restricts the admission of certain H-1B workers unless a $100,000 fee is paid in connection with the H-1B petitions filed on their behalf. Unless extended, the proclamation will expire September 21, 2026. 

• 2- Question: Does the proclamation apply to H-1B workers already in the United States? 

Answer: It appears from the text of the September 19, 2025 proclamation that it applies only to people who are outside the United States; however, an FAQ released by the White House on September 21, 2025, creates further uncertainty by stating that H-1B petitions require “a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.” Foster will provide further updates as further clarifications are issued. 

• 3- Question: Does the proclamation apply to H-1B workers who are seeking to extend their status in the United States? 

Answer: By its terms, the text of proclamation appears to apply only to people who are outside the United States. Additional confirmation is needed, as explained in the response to Question 2 above. 

• 4- Question: What if I am outside the United States but I already have an H-1B petition approval and valid H-1B visa in my passport? May I reenter the United States with my H-1B visa? 

Answer: Yes. As confirmed by the U.S. Department of State (DOS), and absent some other ground of inadmissibility, H-1B workers who already had a valid H-1B petition and valid H-1B visa stamp in their passport as of September 20, 2025, should be permitted to reenter the United States. This is true regardless of where they were when the proclamation took effect on September 21, 2025. 

• 5- Question: What if I already have an H-1B petition approval for a change of status to H-1B that takes effect 10/01/2025, but I have not yet traveled abroad and applied for my H-1B visa? 

Answer: Based on the USCIS memorandum issued September 20, 2025, and related FAQs issued a day later, the proclamation does not apply to those whose petitions were approved prior to the effective date of the proclamation, September 21, 2025. According to the DOS’s update on September 21, 2025, “[t]he Proclamation’s restrictions on visa issuance and entry apply only to aliens seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date …” However, because the text of the proclamation seems to indicate some risk if an H-1B worker departs the United States, and because the additional guidance is evolving over time, those in the United States in H-1B status are encouraged to check with their Foster attorney before departing the United States. 

• 6- Question: What if I’m currently outside the United States and already have an H-1B petition approval for consular notification but have not yet applied for my H-1B visa?  

Answer: As explained in the response to Question 5 above, the latest guidance from the DOS appears to indicate that “the Proclamation’s restrictions on visa issuance and entry apply only to aliens seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date …” 

• 7- Question: My H-1B petition is still pending. Does this mean my employer will have to pay a $100,000 fee before it can be approved? 

Answer:  Based on the USCIS memorandum issued September 20, 2025, and related FAQs, the proclamation does not appear to apply to those whose petitions were filed prior to the effective date of the proclamation, September 21, 2025.   

• 8- Question: Does the proclamation apply to cap-exempt H-1B petitions? 

Answer: The proclamation and subsequent clarifying communications from the White House and USCIS as of September 20, 2025, do not appear to distinguish between cap-subject and cap-exempt H-1B petitions. According to the USCIS memorandum dated September 20, 2025, the proclamation applies to “H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025.” This appears to include cap-exempt as well as cap-subject petitions. Some cap-exempt petitions may fall under the exception described in the response to Question 11 below. 

• 9- Question: When is the $100,000 fee imposed? 

Answer: While there is still room for further clarity as the new requirement is implemented, as of September 21, 2025, it appears that the fee would be required prior to filing a new H-1B petition for a worker outside the United States. The proclamation states: “[e]mployers shall, prior to filing an H-1B petition on behalf of an alien outside the United States, obtain and retain documentation showing that the payment described in section 1 of this proclamation has been made.” 

• 10- Question: Is the $100,000 fee an annual fee? 

Answer: No. Based on information released by White House Press Secretary Karoline Leavitt and USCIS as of September 20, 2025, the $100,000 fee is a one-time fee with each H-1B petition. While the President has referred to an “annual” fee, it seems that this may have been a reference to the fact that the proclamation is effective for one year and can be renewed if determined to be in the interest of the United States. It appears that the fee would apply to H-1B petition filings for each annual class of H-1B cap selections as well as any initial cap exempt petitions on behalf of those outside the United States for so long as the proclamation is renewed.  

• 11- Question: Are there exceptions to the new $100,000 requirement? 

Answer: The proclamation allows for exceptions for certain individuals, companies, or entire industries “if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.” It is anticipated that the Department of Homeland Security and/or the DOS will issue guidance on the manner, timing, and procedure for applying for an exception to the $100,000 fee requirement. 

 However, to set expectations, the government does not generally set procedures for submitting, reviewing, and approving waivers for several weeks or months. 

• 12- Question: Are H-4 visa holders impacted by the Presidential Proclamation? 

Answer: The proclamation makes no reference to individuals in H-4 status as the spouses and minor children of H-1B foreign nationals. Additionally, the wording of the proclamation limits its scope to individuals outside of the United States; thus, as of this writing, there should not be an impact on those with H-4 status, including those who hold H-4 Employment Authorization Documents (EADs).  

•  13- Question: What is Expected Next?  

Answer: It is anticipated that certain companies and organizations will mount legal challenges to the proclamation. The policies set forth in the proclamation may be temporarily stayed while the challenges work their way through the legal system. In addition, other efforts to shape and influence the policies set forth in the proclamation are already evident. Thus, this remains a dynamic matter which Foster will be monitoring closely through multiple sources.  

Please note that, as mentioned above, this is a very dynamic situation, and the above represents a current assessment based on the information that is available at the time of publication. While the clarifications issued following the proclamation have helped reduce the panic over the immediate impact of the H-1B proclamation, further clarification is warranted, which may necessitate revised assessments. Foster attorneys will continue to monitor communications regarding the proclamation and its intended reach and rollout. As new details emerge, find them on the Foster LLP website at www.fosterglobal.com, and on Foster LLP social media. 

As of 3:00 PM CDT on September 22, 2025