Update: H-1B Proclamation and Agency Guidance

I. Presidential Proclamation

On September 19, 2025, the White House issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. It provides that:

• Effective 12:01 a.m. EDT, September 21, 2025.

• A $100,000 payment must accompany any new H-1B petition.

• Applies only to individuals outside the U.S. seeking H-1B admission.

• The Department of State will issue visas only if the payment has been made.

• Valid for 12 months, unless extended.  

• Future reforms will raise prevailing wage levels and prioritize high-wage, high-skilled applicants in the lottery.

II. Agency Clarifications

USCIS FAQ；USCIS Memo；CBP Memo；DoS FAQ have clarified:

• The proclamation applies only to petitions filed on or after September 21, 2025.

• The proclamation does not apply to aliens 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 non-immigrant visas.

• Current H-1B visa holders may continue to travel internationally.

• Renewal fees remain unchanged; the $100,000 applies only to new petitions.

• A Officers have been instructed to implement these rules immediately.

III. Our Recommendation

The Proclamation will have a substantial impact on individuals outside the U.S. awaiting H-1B admission, while those already in the U.S. may face comparatively higher chances of selection. 

At the same time, the Proclamation is expected to face legal challenges, the details of next year’s implementation remain uncertain.

Therefore, as for H-1B holders in the U.S., we still recommend caution with international travel. Employers and employees should consult immigration counsel to evaluate risks and plan next steps.