Restrictions on Entry of H-1B Workers Updated

The presidential proclamation of late Friday September 19, 2025, regarding the Restriction on Entry of Certain Nonimmigrant Workers, prompted widespread uncertainty and concern for H-1B specialty occupation workers and their employers alike. The proclamation was drafted very broadly, but new guidance from federal agencies narrows the application of the restriction on entry and the applicable $100,000 payment. 

Updated Interpretations of Proclamation by USCIS and CBP 

Two federal agencies recently provided guidance significantly narrowing the scope of the proclamation.  Please see new guidance from USCIS here.  As of about 1:00 AM Sunday, September 21, 2025, CBP still has not established a link to their new guidance as of the time this update was drafted, but you may view their guidance on X via their handle @CBP. 

Based on the guidance provided from the federal agencies, it appears that the proclamation applies only to petitions filed after September 21, 2025, at 12:01 AM.  The text of the proclamation failed to state that fact. With this new information, please see below for those not impacted by the proclamation.

Who the Proclamation Does NOT apply to:

• Those who are beneficiaries of currently approved petitions
• Any petitions filed before 12:01 AM EST September 21, 2025
• Those in possession of validly issued H-1B visas

How the Proclamation Impacts Current H-1B Holders’ Ability to Travel 

The proclamation does not impact the ability of any current H-1B visa holder to travel to or from the U.S. 

Analysis & Next Steps

How this proclamation will be implemented and who it will apply to continues to unfold.  Likely, there could be more guidance in the coming days, in addition to litigation disputing the legality of the required $100,000 payment.  Based on the proclamation, new guidance, presumed lobbying from tech companies and the pressure that may come from litigation, H-1B employers and employees alike may want to seek the latest advice from legal counsel prior to approving or making future decisions related to travel.  Additionally, H-1B employers are advised to seek the latest guidance prior to planning their next H-1B cap lottery registration and filings.  

We will monitor developments and provide updates as new information is available.