Clarification on the New H-1B Proclamation
Managing Partner Becki Young and Managing Attorney Nikki Whetstone, Esq. break down the latest updates to the new H-1B Proclamation
Since the September 19, 2025 presidential proclamation on H-1B visas was issued, new guidance has been released by USCIS, CBP, the Department of State, and the White House. This guidance aims to clarify who is impacted and when the new $100,000 fee applies.
👉 For background on the proclamation itself, see our previous blog post.
Clarifications Released by the U.S. Government
- Applies prospectively only: The proclamation applies only to H-1B petitions filed on or after September 21, 2025 for beneficiaries outside the U.S.
- Does not apply to current H-1B beneficiaries: Pending and approved petitions are not subject to the new requirements.
- Travel is unaffected for current visa holders: Individuals who already hold valid H-1B visas may travel internationally and re-enter the U.S. as usual. No new fee applies to these individuals on re-entry.
- Does not apply to certain visa renewals, extensions, or change of status filings: The restrictions apply only to new petitions and visas. The fee does not apply to cases filed for individuals already in the U.S. seeking to extend or change their H-1B status. The fee also does not apply to those with an H-1B petition approved before September 21, 2025 applying to renew their H-1B visa at a U.S. consular post abroad.
Remaining Questions
Some issues remain unclear, including:
- What constitutes a “new” H-1B petition? For example, does the proclamation apply to beneficiaries not currently in the U.S. in H-1B status but applying for unused H-1B time?
- Whether the proclamation applies to H-1B cap-exempt petitions?
- How exactly will international travel impact beneficiaries of petitions filed on or after September 21, 2025?
- Does the new fee apply to beneficiaries currently outside the U.S. with a valid H-1B visa but whose petition is filed on or after September 21, 2025?
Recommendation: Travel At Your Own Risk
While guidance states that current visa holders are unaffected, the policy is new and enforcement may vary across consulates and ports of entry. There is also a risk of evolving contradictory interpretations in the coming months.
Our conservative recommendation: Employees should avoid international travel whenever possible until there is more certainty and clarity in how the new proclamation will be enforced.
If You Must Travel, Be Prepared
For employees who must travel outside the United States, we recommend carrying documentation confirming that the proclamation does not apply to current H-1B visa holders. Our firm offers travel representation for both domestic and international trips. We can also prepare a legal memo to present to a CBP officer upon return to the United States if questions arise, which may help minimize delays or misunderstandings. Reach out to our firm for more information on these services.
Key Takeaways
- Current H-1B workers in the U.S. should not be impacted.
- The $100,000 fee applies only to petitions filed on or after September 21, 2025.
- Travel remains possible for current visa holders, though strong caution is advised.
Given ongoing uncertainties, employers and employees should carefully assess travel needs and consult immigration counsel for tailored advice.
*Disclaimer: This information is presented for the purposes of general education and does not constitute legal advice. For advice about a specific case, please consult legal counsel.immigration counsel to ensure compliance and explore available options.
