Clarification on H-1B Proclamation Effective Sunday, September 21, 2025

While our earlier update described the September, 19, 2025 Proclamation as a blanket travel ban for all H-1Bs, subsequent statements from the White House, USCIS, the State Department, and CBP confirm that the measure is prospective only and does not restrict the travel or status of individuals already holding valid H-1B visas, nor does it affect any H-1B petitions submitted before the Proclamation went into effect on September 21.

While the additional clarifications from the Administration over the weekend are welcome, many questions about the policy’s application remain unanswered at this stage. Further agency guidance is anticipated to provide additional clarity. We will continue to monitor developments closely, including anticipated litigation that could temporarily block implementation of the new policies, and will provide updates as they become available.

Key Points

  • Effective Date: Sunday, September 21, 2025 at 12:01 am EDT.
  • Prospective Application Only: According to the September 20, 2025 USCIS memorandum, the Proclamation applies only to new H-1B petitions filed on or after the effective date. The Proclamation does not specifically address petitions requesting extensions of stay—including changes of employer or amended petitions—nor changes of status filed on behalf of individuals in the U.S. at the time of filing, so for now, these types of appear to be exempt from the $100,000 fee. We are monitoring for future guidance on those types of cases.
  • No Impact on Current Visa Holders: The Proclamation does not apply to:
    • Beneficiaries of petitions that were filed prior to September 21, 2025;
    • Beneficiaries of currently approved petitions; or
    • Individuals holding valid H-1B visas.
  • $100,000 Payment Requirement: For new H-1B petitions filed after the effective date, USCIS adjudication, visa issuance, and entry will be restricted unless the petition is accompanied or supplemented by a $100,000 payment. Because this policy only applies to new filings, its impact will mainly be felt during the FY2027 H-1B lottery season (lottery run in March 2026; new H-1B petitions filed between April – June 2026).
  • For H-1B Employees with Valid Petition Approvals: H-1B workers with valid approval notices from petitions filed before September 21, 2025 can continue to travel to and from the United States. The Proclamation does not affect their ability to obtain H-1B visas and/or enter the U.S.
  • Outstanding Questions: Certain questions about the Proclamation’s implementation remain unclear, and stakeholders should expect further guidance from the government (and potentially the courts). Among the key open issues:
    • If you are the beneficiary of a previously approved H-1B petition that has since expired and you are currently outside the United States, would a new employer’s petition to recapture the remainder of your unused H-1B time be subject to the $100,000 fee requirement?
    • If you are the beneficiary of an H-1B extension or change of status petition filed during the Proclamation’s effective period (i.e. after September 21), will the Department of State issue an H-1B visa stamp based on that petition approval without requiring the $100,000 fee?

The good news is that the order’s scope is narrower than initially reported and is targeted at future filings, rather than impacting H-1B workers already in valid status in the United States or those with valid H-1B visas. We will continue to monitor developments closely and provide timely updates as more clarity emerges.

If you have any questions, please contact your McCown & Evans attorney.