Advocacy News – Sept. 24, 2025
*Updated Oct. 22, 2025*
What happened: President Trump last Friday signed a presidential proclamation that bans H-1B employees from entering the United States unless they or their employers have paid a $100,000 fee. The proclamation applies to new, not-yet-filed H-1B petitions. Current H-1B holders, approved petitions, pending petitions as of the Sept. 21 effective date, and individuals with valid H-1B visas are not affected.
Why it matters: The proclamation introduces new compliance obligations for U.S. employers relying on global talent pools for specialized roles by restricting entry of H-1B visa holders unless accompanied by the payment. The moves mark the latest in a series of efforts from the administration to crack down on immigration and place new limits on the types of foreigners allowed into the country.
The U.S. Chamber is actively pursuing clarification on key questions related to the proclamation and exploring potential responses. Here’s what they’ve shared so far:
- Unless blocked by litigation, the proclamation will remain in place for 12 months. The Secretaries of Homeland Security and State will recommend whether to extend this proclamation on or around April 30, 2026.
- The Department of Homeland Security will suspend adjudication of all H-1B petitions filed by employers until the fee is paid.
- The proclamation suggests that H-1B visa holders attempting to enter the United States after the effective date likely will be denied entry by U.S. Customs and Border Protection. A White House online posting this weekend said that existing H-1B visa holders may leave and reenter the United States without being impacted by the proclamation.
- This weekend’s White House posting on X says that the proclamation “does not apply to anyone who has a current visa,” specifying that the proclamation applies only to future applications.
- Because the proclamation restricts “entry,” it should not apply to employees in the United States with an approved H-1B visa. It also should not apply to employees who are changing from another nonimmigrant status (e.g., student on F-1 visa) to H-1B status. It remains unclear whether those who changed status to H-1B without departing the United States will be impacted when they attempt to obtain a new visa at a U.S. consulate or when they reenter the United States through a port of entry.
- Secretary Lutnick said that the fee will be collected annually, but the White House posting this weekend said it is “NOT an annual fee.” More guidance is needed.
- The proclamation allows the Department of Homeland Security to grant a national interest waiver, but there is not yet any substantive guidance yet on the scope and applicability of such waiver. If it is like the existing travel bans, approvals are likely needed from the highest levels of government.
- Based on available, and at times conflicting, public information, we encourage impacted companies to consult with their organization’s legal counsel on whether their employees should adjust their international travel plans.
Go deeper: Read the proclamation. Or read a full legal analysis and update (as of Oct. 21) by our friends at Barnes & Thornburg.
For questions, contact Wendy Block.