H-1B Travel Ban Effective September 21, 2025 at 12:01am EDT

IMPORTANT UPDATE: Since this alert was published, the Administration issued new guidance on September 22 and 23, 2025, which changes how some of the information below should be understood. Please view our most recent update here.

H-1B Travel Ban Effective Sunday, September 21, 2025 at 12:01am EDT

The White House has issued a new Proclamation that significantly restricts H-1B travel and adjudications. The order takes effect Sunday, September 21, 2025 at 12:01 a.m. EDT and is scheduled to remain in place for 12 months (unless extended).

We strongly recommend that any H-1B employees who are currently outside the United States return by tomorrow, Saturday, September 20, 2025, before the order takes effect. Once in effect, H-1B workers abroad may face major entry restrictions, and international travel should be avoided until further clarification is issued, even if the employee already has an H-1B visa.

NOTE for FY2026 H-1B CAP Beneficiaries: Entering prior to the effective date of the executive order, which is more than 10 days before October 1, 2025, may result in denial of admission for H-1B cap beneficiaries. Accordingly, they should plan to enter under another valid status.

Key Points

  • Effective Date: Sunday, September 21, 2025 at 12:01 a.m. EDT.
  • Duration: 12 months, unless extended.
  • H-1B Travel Ban: Only H-1B workers whose petitions are “accompanied or supplemented by” a $100,000 payment will be permitted to enter the U.S. in H-1B status.
  • Petition Processing Restrictions: USCIS will process H-1B petitions filed for individuals “who are currently outside the U.S.” only if filed with the $100,000 payment. The restriction appears not to apply to Change of Status or Extension of Stay petitions for individuals already in the U.S. in another valid nonimmigrant status.
  • Possible Exemptions: DHS may grant exceptions for specific individuals, companies, or industries if deemed in the national interest. No guidance has been provided on how such determinations will be made.
  • Wage Level Review and Rulemaking: The Department of Labor has been directed to recalculate H-1B prevailing wage levels, which could affect H-1B workers in lower-paid positions.

Next Steps

  • H-1B workers currently abroad should return to the U.S. immediately, before Sunday, September 21 at 12:01 a.m. EDT.
  • Refrain from international travel until the scope of the restrictions is clarified.
  • Employers should identify all H-1B workers currently abroad or planning travel and work with counsel on contingency planning.

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