New Proclamation Restricts Entry of H-1B Workers; International Travel Should Be Avoided For Now

On September 19, 2025, President Trump issued a Presidential Proclamation that restricts the entry of H-1B specialty occupation workers into the United States unless their H-1B petition was accompanied by, or is supplemented by, a payment of $100,000. The Proclamation also provides that decisions on H-1B petitions that are not accompanied by a $100,000 payment will be restricted for those who are currently outside of the United States. The Proclamation takes effect at 12:01 a.m. eastern daylight time on Sunday, September 21, 2025.

There is a “national interest exception” available, which provides that the restriction “shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, 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.”  However, there is currently no guidance on which individuals, employers, or industries will qualify for this exception or how such individuals, employers, or industries can apply for the exception. Guidance is hopefully imminent, but may not be provided before the Proclamation becomes effective.

The impact and long-term enforceability of this Proclamation are unknown; the extent of the “national interest exception” has not been announced and the Proclamation will almost certainly be subject to swift litigation. However, H-1B workers who are currently abroad or plan to travel abroad in the near future may be impacted by this Proclamation, at least temporarily.  Until sorted out, employers should immediately alert all H-1B employees of the high risk of international travel at this time, given the uncertainty of the impact of this Proclamation. For those with H-1B employees currently abroad, returning to the U.S. before the effective date of the Proclamation (Sunday, September 21^st) may not be possible, but should be considered if feasible.

We will provide further updates on this development as more information becomes available.