United States Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) both issued memos this weekend about the application of President Trump’s “Restriction on Entry of Certain Nonimmigrant Workers” proclamation.
The guidance from USCIS and CBP clarified that the $100,000 fee for H-1B workers will ONLY apply to new, initial filings beginning Sept. 21 through the expiration of the order, and NOT TO existing H-1B holders. In other words, per the guidance, existing H-1B holders may travel and reenter the U.S. without the $100,000 filing fee. The team at Garfinkel Immigration generally advises that existing H-1B visa holders carry both memos when traveling internationally, in case needed (USCIS memo, CBP memo).
At this time, other key details about the interpretation and enforcement of the proclamation remain unclear, particularly for cap-exempt employers, the process for requesting a National Interest Exception, and how the policy applies to those outside of the U.S. with an already approved H-1B petition but who do not yet have a visa stamp. Immediate litigation against the government is also underway.
This is a rapidly-evolving and fluid situation that we are closely monitoring. We will continue to alert clients as more clarity becomes available and as the situation evolves.
Initial story originally published on 9/20
Late Friday, President Donald Trump issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation requires a $100,000 fee for H-1B workers seeking to enter or reenter the U.S. as of 12:01 a.m. EDT on Sunday, September 21, 2025. It is set to last for 12 months (unless extended).
Key details on the interpretation and enforcement of the new proclamation, along with the limited exceptions, have yet to be released. However, out of an abundance of caution, the attorneys at Garfinkel Immigration Law Firm recommend that H-1B workers inside the U.S. avoid international travel, and that those currently abroad try to return to the U.S. before midnight Sunday, September 21, 2025. If unable to reenter before it takes effect, be prepared for potential delays, denials or fee requirements at consulates and ports of entry.
Immediate litigation against the government is expected. The team at Garfinkel Immigration is closely monitoring the situation and will alert clients as more clarity becomes available and as the situation evolves.
In the meantime, here are some of the key points from the proclamation:
- Applies only to H-1B workers outside the U.S. attempting to reenter on or after September 21.
- Does not impact H-1B workers already inside the U.S., unless they depart and attempt to reenter during the effective period.
- USCIS may refuse to adjudicate petitions for H-1B workers outside the U.S. without proof of the $100,000 fee.
- Extensions, amendments, and change of employer petitions filed for workers inside the U.S. appear unaffected.
- Exceptions may be available in the national interest, but as everything else, details are unclear.
The attorneys at Garfinkel Immigration continue to monitor developments and will share updates as details emerge.
Please note: This story was originally published on 9/20 and last updated on 9/21.