UPDATE to: Sept. 19, 2025-- Presidential Proclamation Restricting Entry of H-1B Nonimmigrants From Abroad

On September 19, 2025, the President of the United States issued a Proclamation restricting the entry of H-B nonimmigrants currently outside the U.S. The order became effective 12:01 a.m. eastern daylight time on Sunday, September 21, 2025. 

On September 20, 2025, U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Boarder Protection (CBP), both agencies within the Department of Homeland Security (DHS), issued memoranda stating the Proclamation “only applies prospectively”.

The USCIS memorandum provides that the “proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to [September 21, 2025], are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.”  To read the USCIS memorandum, see: https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf>>.

The CBP memorandum states that the entry restriction does not apply to persons who are the beneficiaries of H-1B petitions filed prior to September 21, 2025, or to persons in possession of a valid H-1B visa.  CBP also states that the "Proclamation does not impact the ability of any current visa holder to travel to and from the United States."  

Based on USCIS and CBP memoranda, current H-1B status holders, persons in possession of a valid H-1B visa, and beneficiaries of petitions filed before September 21, 2025 are not affected by the Proclamation.

Although there are other potential exceptions to the entry ban and to the new $100,000 fee for H-1B petitions filed on and after September 21, 2025, no details have been offered by DHS or the White House on how or when these exceptions might be implemented.   

To read the Presidential Proclamation, see:  https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/

The enforceability of this Proclamation will be tested in Court.   

We will follow up with updates as we receive them.