September 20, 2025
In follow-up to yesterday’s Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” U.S. Citizenship and Immigration Services (USCIS) has issued a new memorandum clarifying the scope of President Trump’s September 19 proclamation restricting H-1B entries. The agencies confirm that the $100,000 supplemental fee will apply only to H-1B petitions filed on or after September 21, 2025, and will not impact individuals with valid, previously approved H-1B petitions or visas.
Key Clarifications from the USCIS Memorandum
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Current visa holders unaffected: Foreign nationals with a valid H-1B visa or an approved petition filed before September 21 should be permitted to travel to and from the U.S. as usual.
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No retroactive application: Pending and approved cases, as well as valid visas issued before the effective date, are outside the scope of the proclamation.
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Prospective application: The $100,000 fee will apply only to new petitions filed beginning September 21, 2025, for foreign nationals outside the United States.
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CBP processing: CBP has confirmed it will continue to process entries for current H-1B visa holders.
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Further guidance expected: The Department of State has not yet issued instructions to consular posts, and additional direction is anticipated from USCIS on how the fee requirement will be implemented.
Travel & Consular Processing
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Returning H-1B workers: Individuals with valid visas should be able to reenter the U.S. after September 21 without being subject to the new fee, though some delays at ports of entry are possible as agencies adjust to the new policy. Carrying a copy of the USCIS/CBP memoranda is advisable.
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Canadian nationals: Visa-exempt Canadians with an approved H-1B petition filed before September 21 should also be able to enter without issue.
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Consular appointments: Applicants with approved petitions filed before September 21 and scheduled visa appointments should attend as planned. Some consulates may pause adjudications temporarily while awaiting Department of State guidance.
What This Means for Employers
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No Immediate Burden on Current Employees: H-1B workers already in the U.S. or abroad with valid visas may continue to travel and work without triggering the $100,000 fee.
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Impact on Future Filings: Employers considering new H-1B petitions after September 21, 2025 will need to weigh the substantial financial burden of the supplemental fee.
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Strategic Workforce Planning: Businesses will likely become more selective in choosing which roles justify sponsorship, potentially limiting access to the H-1B program for many candidates.
Next Steps
The agency clarifications significantly narrow the scope of the proclamation. The new $100,000 fee requirement is forward-looking only and applies exclusively to new H-1B petitions filed on or after September 21, 2025. Still, the cost remains substantial and could affect employer sponsorship decisions in the 2026 (FY2027) H-1B lottery and beyond.
Goel & Anderson will continue to monitor agency actions, litigation developments, and possible further clarifications. Please contact your G&A attorney with questions or for guidance in workforce planning.
