FAQ for Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers”

This post was updated on October 21, 2025. See the updated blog here.

The recent Presidential Proclamation leaves many questions unanswered. Here's what we know so far.

When does this proclamation take effect?

The proclamation took effect on 12:01 a.m. EST on September 21, 2025.  

Does the proclamation have an expiration date?

The proclamation is set to expire on September 21, 2026.

What does the proclamation do?

It imposes a new $100,000 fee that the H-1B sponsor must pay for each new (sometimes referred to as “initial”) H-1B petition it files.

Who is impacted by this proclamation?

This only impacts new H-1B petitions filed after 12:01 a.m. EST on September 21, 2025. 

What does “new” petition mean?

A new H-1B petition is a petition filed for a beneficiary who is not currently in H-1B status and thus needs to change status to or be issued a new visa for H-1B status.

What does “filed” mean?

A petition is filed when United States Citizenship and Immigration Services (“USCIS”) has received it. The safest way to consider a petition “filed” is with an I-797 receipt notice that reflects a “received date” prior to September 21, 2025.

Does this apply to H-4 dependent visas?

This does not currently apply to H-4 holders. However, H-4 status is dependent on the principal nonimmigrant’s valid H-1B status. Thus, it is important to ensure proper maintenance of your H-1B status so the H-4 is also properly maintained. Further, if the Principal’s H-1B is denied then the H-4 application should be denied as well.

I am currently in the United States on a valid H-1B visa. Should I travel internationally?

Current guidance tells us you will be permitted to re-enter the U.S. after international travel without paying the $100K fee. Please note that you will still need an I-797 approval notice and current H-1B visa.

I am currently in the United States in another valid status and my H-1B petition for change of status is pending. Should I travel internationally? Does my petitioner need to submit the new fee?

We do not recommend leaving the U.S. while an H-1B change of status petition is pending with USCIS even without the added concern of the new fee. If you leave the U.S. while the change of status petition is in process, the petition may be denied or you may be required to obtain a new visa stamp to re-enter the U.S. This visa application process takes time and could delay your return to the U.S.

If you must travel internationally while the H-1B change of status petition is in progress, you will most likely not need to pay the fee if the petition was filed before September 21, 2025. 

What if the petition was received after the effective date?

If the H-1B petition is received after the effective date, then the petition will be subject to the new fee. However, some jobs may be exempt from the new fee, even if the H-1B petition was received by USCIS after the effective date. The proclamation provides that the Department of Homeland Security may waive the fee for beneficiaries if their use of H-1B workers is deemed to serve the national interest. Educating school-aged students is a strong U.S. interest. Given the teacher shortage in the United States, it is arguable that a teacher being sponsored for H-1B should be exempt from the $100,000 fee because it is in the country's best interest to allow that teacher to fill a classroom that would otherwise be vacant.

USCIS may still issue a Request for Evidence (“RFE”) requesting the new fee for a teacher position. With the petitioner’s approval, I can respond to the RFE with the above argument. The outcome is not guaranteed. We do not know how USCIS will respond to this argument, especially given how new this fee requirement is and without further government guidance.

I am currently outside the U.S. My H-1B petition has been approved, but I do not yet have an H-1B visa stamp. Am I subject to the fee?

I do not believe the fee impacts visa applicants with an approved H-1B I-797 approval notice. If the Petitioner chooses, my firm can draft a letter for the H-1B visa applicant teacher to take to their interview explaining they will serve the U.S. national interest and are thus exempt from the fee.

I am currently out of the U.S. and my H-1B application is pending with USCIS. Am I subject to the new fee?

You should not need to pay the new fee if the petition was filed before September 21, 2025.

I am currently abroad on a valid H-1B visa. Should I return immediately?

Per the information we have as of September 22, 2025, you should not need to return to the U.S. immediately.

I am in the U.S. and have a valid H-1B I-797 approval notice. I will be traveling outside the U.S. in the future and will need a new H-1B visa stamp. Am I subject to the fee?

You should not need to pay the new fee. The best practice is always to notify your sponsoring school district of your intended travel. Your sponsor can ensure you have the proper documentation to take with you and consult with an attorney on any policy changes that may impact your return. 

Are there any exceptions to the proclamation?

There is an exception to the fee requirement if “the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.”  Educating school-aged students is a strong U.S. interest. Given the teacher shortage in the United States, it is arguable that a teacher being sponsored for H-1B should be exempt from the $100,000 fee because it is in the country's best interest to allow that teacher to fill a classroom that would otherwise be vacant.

Are non-teacher positions exempt from the fee?

It is not clear whether non-teacher H-1B positions would qualify for a national interest exemption. There is as yet neither guidance on what positions are “in the national interest” nor test cases that can give us answers. However, like the teacher position, I believe that it is possible to make an argument that other “hard to fill” and shortage area positions would qualify for the national interest exception.

Does this impact PERMs currently in process with the Department of Labor?

No. The proclamation only applies to H-1B petitions. “PERM” is a completely separate application/process.

Does this impact J-1 status holders?

No. The J-1 exchange visitor program is separate from the H-1B program.

Bottom Line

Do not panic. I, along with attorneys across the United States, am researching, analyzing, and strategizing to allow you to either begin or continue working in H-1B status. I also expect this Proclamation to be challenged any day. This blog will be updated as there are more developments.