On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers, effective 12:01 a.m. EDT, September 21, 2025, and expiring after one year (subject to extension). The proclamation invokes INA §212(f) and imposes a $100,000 fee on H-1B workers seeking to enter or reenter the United States.

Key Provisions:

• • Applies to H-1B workers currently outside the U.S. who seek admission after the effective date.
  • Does not appear to impact H-1B workers already present in the U.S. or those filing extensions, amendments, or changes of employer/status while remaining in lawful H-1B status.
  • May affect H-1B workers who depart and seek reentry during the proclamation’s effective period.
  • USCIS may not adjudicate petitions for H-1B workers abroad unless proof of the $100,000 fee accompanies the filing.
  • Within 30 days of the next H-1B lottery (March 2026), the Secretaries of State, Labor, and Homeland Security, along with the Attorney General, must recommend whether to extend the measure.
  • DOS will issue guidance to prevent misuse of B visas by H-1B beneficiaries with start dates before October 1, 2026.
  • DOL is directed to initiate rulemaking to revise prevailing wage levels and prioritize admission of high-skilled, high-paid nonimmigrants.

Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.

What Should Employers and Employees Do:

Employers should promptly advise clients that H-1B workers currently abroad should seek reentry to the United States before the proclamation’s effective date. International travel will be significantly impacted, and workers are advised to avoid leaving the U.S. until implementation guidance is issued. Beneficiaries of approved H-1B cap cases who already hold valid visas should likewise enter the U.S. without delay.

Farmer Law PC will continue to monitor developments with respect to these and other policy changes and will post updates on our blog as additional information becomes available.

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