Immediate Changes to H-1B Rules – What Employers Need to Know

This is an urgent update regarding a Presidential Proclamation issued yesterday that will have immediate impacts on H-1B applicants. 

The order introduces a new restriction on the entry and reentry of H-1B visa holders. The order goes into effect at 12:01 a.m. EDT on Sunday, September 21, 2025.

The order restricts the entry  of H-1B visa holders unless a new $100,000 fee has been paid. The restriction is set to expire in 12 months unless extended. Other visa categories are not impacted at this time.

As of the Sunday deadline, petitions for individuals outside the U.S. will not be adjudicated by USCIS unless proof of the $100,000 payment is provided. We expect further details to follow about payment obligations.

Petitions for extensions, amendments, and change of employer/status (transfers) for individuals already in lawful H-1B status inside the U.S. appear to be exempt from this new fee requirement.

Additionally, while the order initially appears to apply both to new applicants and existing H-1B visa holders who are currently outside of the U.S., an unnamed official announced earlier today that the order was intended to apply only to new applicants and not to those with valid H-1B visas. 

The Department of Homeland Security (DHS) has authority to grant exceptions for individuals, companies, or industries deemed to be in the “national interest” or for “security considerations.” We are monitoring this closely for further guidance.

The Department of State is also expected to issue guidance to prevent the misuse of B visas for entry by H-1B beneficiaries seeking to avoid this new fee.

At this time, and In light of the lack of clarity, we encourage workers with valid H-1B or H-4 visa status who are currently outside the United States to reenter the U.S. by 12:00 a.m. EDT on Sunday, September 21st.

We further advise H-1B and H-4 holders within the U.S. to refrain from international travel until further notice.

We will continue to closely monitor this situation and will provide updates as guidance evolves.