Legal Updates

On Friday, September 19, 2025, President Trump signed an Executive Order entitled Restriction on Entry of Certain Nonimmigrant Workers. It will be effective at 12:01 a.m. EDT Sunday, September 21, 2025.  On Saturday, September 20, 2025, the Director of U.S Citizenship and Immigration Service (USCIS) issued a clarifying Memorandum providing updated guidance and explicitly stating that the new Executive Order will only apply to H-1Bs filed after its effective date on September 21, 2025. Based on this updated guidance, the Executive Order described below will not impact individuals who currently have an H-1B Petition approved or pending with USCIS, provided it was filed prior to the effective date of the Proclamation.

Some key elements of the executive order include:

• The order is set to expire in one year but may be extended. This will be reviewed within 30 days of the H-1B Lottery in March 2026.
• The order appears to be limited to H-1B workers who are outside of the U.S. pursuant to INA 212(f).
• The restriction is limited to H-1B holders who attempt to enter the U.S after its effective date.
• USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.
• The Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.

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.

Specifically, the clarifying USCIS memo issued Saturday states:

This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.

While we await further clarity, as this situation remains fluid, we advise that anyone holding H-1B status in the U.S. refrain from making international travel plans at this time.