On September 19, 2025, Head of state Trump provided a pronouncement restricting the entry of anybody looking for to go into or reenter the U.S. in H- 1 B condition without repayment of a brand-new $ 100, 000 fee. The pronouncement, titled Limitation on Entrance of Certain Nonimmigrant Workers works date is 12: 01 a.m. EDT Sunday, September 21, 2025 , and is set to expire after one year.
While we wait on information relating to application, below are key points and considerations :
- The pronouncement is effective 12: 01 a.m. EDT September 21, 2025 It runs out in 12 months but might be prolonged.
- The pronouncement targets entrance of H- 1 B workers right into the united state who are presently outside the U.S. according to INA 212 (f).
- The restriction on access uses just to H- 1 B employees who attempt to get in the united state after the reliable date. It does not appear to influence H- 1 B employees currently in the united state
- However, it could influence those that consequently leave and attempt to reenter the U.S. in H- 1 B condition throughout the efficient duration of the proclamation.
- USCIS shall not settle requests unless they are come with by evidence of settlement of the $ 100, 000 charge for H- 1 B employees that are presently outside of the united state
- Expansions of remain inside the U.S., including change of company, modification of status and modified petitions– where the beneficiary remains in lawful H- 1 B standing– are not expressly covered, so unless instructed otherwise, it appears they are exempt.
- H- 1 B employees who can likewise enter the United States on breakthrough parole because of a pending I- 485 adjustment of standing application may not be affected by the ban, but it is unclear right now.
- Within 30 days of the following H- 1 B lottery (i.e., March 2026, the Assistant of State, the Chief Law Officer, the Assistant of Labor, and the Secretary of Homeland Secretary will collectively submit a referral to the Head of state regarding whether restoring or expanding the limitation on reentry remains in the best passion of the U.S.
- Assistant of State will release support to avoid the abuse of B visas by beneficiaries of accepted H- 1 B requests who have start dates prior to 10/ 1/ 26– probably to prevent them from entering and submitting a change of standing and staying clear of the charge.
- Assistant of Labor will launch rulemaking to change the prevailing wage levels and to focus on the admission of high-skilled and high-paid nonimmigrants.
Exemptions: There might be exemptions for a specific, a company, or a market, if DHS figures out that it remains in the nationwide passion of the united state and does not present a hazard to the safety and security or well-being of the united state. The language of the Proclamation does not resolve whether this new fee and travel limitation puts on cap-exempt H- 1 B employees outside of the united state
Travel Idea: We encourage H- 1 B employees that are presently abroad to go back to the U.S. asap before the reliable date. Traveling beyond the U.S. for visa processing/renewals will certainly be impacted so H- 1 B employees should refrain from all global travel till implementation is additional made clear. For H- 1 B cap situation beneficiaries with accepted requests and a legitimate H- 1 B visa, they ought to seek to go into the united state as soon as possible.
We will remain to check this and provide updates as necessary.
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