On Friday, September 19, 2025, President Trump issued an Executive Order impacting certain H-1B nonimmigrants. FordMurray issued an initial client alert on this issue on Saturday, September 20, 2025. FordMurray’s client alert herein supersedes that guidance and incorporates updates from United States Citizenship and Immigration Services (“USCIS”), Customs and Border Protection (“CBP”), and the Department of State (“DoS”) regarding the Proclamation.
Proclamation “Restriction on Entry of Certain Nonimmigrant Workers” took effect Sunday, September 21, 2025 at 12:01 AM ET.
- Scope of the Proclamation: The order impacts any new H-1B petitions filed after the effective date. These H-1B petitions must now be accompanied by a $100,000 payment.
- This includes H-1B cap petitions filed in 2026 for Fiscal Year 2027.
- Expiration: Unless otherwise stated, the Proclamation will expire twelve (12) months after the effective date.
Notably, the Proclamation does not impact the following individuals and situations:
- Any previously issues H-1B visa or petition submitted and/or approved prior to the effective date.
- Any current H-1B visa holder from travelling in and out of the United States.
- Please note, this Proclamation should not impact Beneficiaries of petitions filed and/or approved prior to the effective date from securing an H-1B visa at the consulate.
- It does not appear to impact any H-1B extension or amendment petitions filed after the effective date.
CBP issued guidance on September 20, 2025 confirming the Proclamation’s application to prospective petitions, and the DoS has circulated guidance consistent with USCIS and CBP to all consular offices.
Based on our reading of the White House guidance, the intent of the Proclamation is for cap-subject petitions starting next year. As such, cap-exempt employers, such as but not limited to Institutions of Higher Education, Non-Profit Hospitals, and Research Institutes, should not be subjected to this Proclamation and the additional filing fee. This is the latest information as of September 22, 2025. FordMurray will continue to monitor this Proclamation and related implementing guidance and provide updates as necessary.
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