On September 19, 2025, President Donald J. Trump issued a proclamation fundamentally altering the H-1B visa program. The operative language of the order is reproduced in full below:
**“it is hereby ordered:
Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.
(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States, for 12 months following the effective date of this proclamation as set forth in subsection (a) of this section. The Secretary of State shall also issue guidance, as necessary and to the extent permitted by law, to prevent misuse of B visas by alien beneficiaries of approved H-1B petitions that have an employment start date beginning prior to October 1, 2026.
(c) The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, 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.”**
Impact on Current H-1B Holders
Based on this language, the proclamation does not impact H-1B beneficiaries who are already present in the United States. However, it will affect those who attempt to travel abroad and return, as entry will be restricted unless their petition was filed with the $100,000 payment.
Effect on Employers and New Filings
Employers filing new petitions for beneficiaries outside the country must provide proof of the $100,000 payment in order for the petition and visa to be approved. In practical terms, H-1B workers currently in the U.S. should carefully reconsider any international travel until there is further clarity.
Awaiting Agency Guidance
One must also await guidance from USCIS and the Department of State on how exactly this proclamation will be implemented, particularly with respect to pending petitions and visa stampings.
Timeline
The proclamation is set to take effect at 12:01 a.m. EDT on September 21, 2025, and will remain in force for at least 12 months unless extended. It represents an unprecedented policy shift, and both employers and H-1B beneficiaries are left with immediate uncertainty while awaiting further instructions from federal agencies.
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