Summary of Presidential Proclamation: Restriction on Entry of Certain Nonimmigrant Workers
On Friday, September 19, 2025, Trump signed the Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers” that restricts the entry of H-1B workers unless their petitions are accompanied or supplemented by proof of payment of a $100,000 annual fee by the US employer. The Proclamation will go into effect at 12:01AM EDT on September 21, 2025, and will expire in 12 months, unless extended.
The Proclamation sets forth the following:
Section 1: Restriction on H-1B Entry:
Entry into the United States is restricted, except for those H-1B beneficiaries whose petitions are accompanied or supplemented by proof of payment of the $100,000 fee
US Citizenship and Immigration Services (USCIS) is restricted from issuing decisions on H-1B petitions for beneficiaries outside the US unless accompanied by proof of payment of the $100,000 fee
Department of State (DOS) will be issuing guidance to prevent the misuse of B visas by persons with approved H-1B petitions that have an employment date beginning prior to October 1, 2026.
National Interest Exception: The restriction on H-1B entry does not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.
Section 2: Compliance
US employer must obtain proof of payment of the $100,000 fee prior to filing an H-1B petition with the USCIS for a person outside of the United States
For H-1B visa applications, the DOS will verify receipt of payment during the H-1B petition process.
Department of Homeland Security (DHS) and DOS will deny entry to the United States to any H-1B nonimmigrant for whom the prospective employer has not made the payment
Section 3: Scope
The restriction on H-1B entry will apply only to aliens who enter or attempt to enter the United States after the effective date
No later than 30 days following the completion of the H-1B lottery that immediately follows this proclamation, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall jointly submit to the President, through the Assistant to the President and Homeland Security Advisor, a recommendation on whether an extension or renewal of the restriction on entry
Section 4: Amending Prevailing Wage
Department of Labor (DOL) will initiate rulemaking to revise the prevailing wage levels to levels consistent with the policy goals of this proclamation
DHS will initiate a rulemaking to prioritize the admission as nonimmigrants of high-skilled and high-paid aliens