Trump Administration Provides Additional Information Regarding September 19, 2025 H-1B Proclamation

The Trump Administration has issued various statements providing new indication of how the September 19, 2025 Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers” will be implemented. Additionally, the Department of Homeland Security (“DHS”) has issued a memorandum clarifying certain aspects of the Proclamation.

Most notably, the DHS memorandum states that the Proclamation “only applies prospectively to petitions that have not yet been filed.” It does not apply to “beneficiaries of petitions filed prior to the effective date [12:01 AM EDT 9/21/2025] of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validity issued H-1B non-immigrant visas.”

Moreover, on “X”, formerly “Twitter,” the White House Press Secretary has stated that “Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter.”

The White House Press Secretary’s post also stated: “This applies only to new visas, not renewals, and not current visa holders.”  Finally, her post noted “It will first apply in the next upcoming lottery cycle.”

Other details of how the Proclamation will be implemented and who will be impacted are continuing to come to light. H-1B visa holders planning to travel abroad should continue to monitor the situation prior to departing the United States. Stay tuned for further developments.