On September 19, 2025, a Presidential Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers was signed, implementing an additional fee and restrictions on certain H-1B visa petitions and entries. We have compiled a list of FAQs in hopes of alleviating some concerns for Coleman Immigration clients who may be affected by this proclamation.
FAQ:
What does the proclamation say?
- It announces an additional fee of $100,000 and restrictions on certain H-1B visa petitions and entries.
- USCIS has clarified that the proclamation “only applies to petitions that have not yet been filed” as of September 21, 2025.
If I have an H-1B visa petition pending, does the proclamation affect my approval? What if it was filed prior to September 21 but has an October 1 start date?
- The proclamation does not apply to foreign nationals with pending H-1B petitions.
- As long as the petition was filed prior to September 21, a future start date should not be an issue.
If I have an approved H-1B visa petition, does the proclamation affect my ability to get a visa stamp?
- The proclamation does not apply to foreign nationals with approved H-1B petitions. At this time, it appears that individuals with approvals for petitions filed prior to September 21 may still obtain visa stamps.
- Nevertheless, we recommend taking a copy of the USCIS clarification memo, attached here, to your visa appointment.
- For the time being, if you are currently in the U.S. in valid H-1B status, we recommend avoiding international travel until this situation is further resolved.
Is my spouse, who is in H-4 dependent status, impacted?
- The proclamation does not explicitly reference H-4 visa holders. Under a plain reading of the proclamation, they should not be restricted from entering. However, because H-4 visas are tied to H-1B visas, some inconsistency or confusion may still occur at ports of entry. We are recommending that H-4 visa holders remain in the U.S., or if outside the U.S., return as soon as possible.
If I have a current H-1B visa stamp, does the proclamation affect my ability to enter the country?
- The proclamation does not apply to foreign nationals with valid H-1B visas.
- If you are outside the United States, we recommend carrying a copy of the USCIS clarification memo, attached here, to present to the admitting officer if needed.
Will the proclamation affect my ability to extend my current H-1B visa status or transfer to a different employer?
- No, these areas seem to be beyond the scope of the restrictions.
Will this proclamation impact me if I am in a different visa status (e.g., TN, L-1, O-1, J-1)?
- The proclamation does not impact any other visa statuses. In addition to H-1B, individuals with H-4 and H-1B1 visas should take the same precautions.
Will the proclamation affect my ability to change from my current status (such as F-1 or TN) to H-1B visa status?
- No, change of status inside the U.S. do not appear to be affected.
How will the proclamation affect new H-1B visa petitions for employees outside the U.S. filed after September 21?
- At this time, we must continue to evaluate the implementation of the proclamation. Currently, most new H-1B visa petitions for employees outside the U.S. must include the one-time $100,000 fee.
- However, the proclamation includes a national interest exception that we may be able to leverage.
- Requirements for this exception are not known yet.
When did the proclamation take effect?
- 12:01 a.m. Eastern Daylight Time on September 21, 2025.
How long will the proclamation last?
- The restriction currently expires on September 21, 2026; however, it may be shortened or extended.
- We expect a federal court challenge to this fee to be made soon.
Does this impact H-1B1 visa holders?
- Although the recent proclamation does not specifically mention H-1B1 nonimmigrants, the limited details provided leave room for interpretation. Because of this uncertainty and the potential for confusion by government officials enforcing the order, we recommend that H-1B1 employees follow the same guidance we have shared for those in H-1B status.
Please note that this information is valid as of 9/24/2025. Additional developments are expected over the next few weeks. We will continue to monitor the situation and provide further information as it develops. If you have any questions about the recent proclamation, please don’t hesitate to contact Coleman Immigration.