Blogeintrag

President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” on Sept. 19, 2025. (Fact Sheet)

The proclamation will go into effect on Sunday, Sept. 21, 2025, at 12:01 a.m. ET.

What to Know:

1. If any of your employees are currently outside of the United States and will seek to return to or enter the United States in H-1B status, we strongly urge you to help the employees return to the United States before the new fee goes into effect (i.e., before 12:01 a.m. ET on Sunday, Sept. 21, 2025). This applies regardless of whether you have a valid H-1B visa or not, and you must enter the United States before the effective date.
2. If any of your employees are inside the United States, they should not depart the country if they will seek to enter the country in H-1B status after the effective date. This applies regardless of whether you have a valid H-1B visa.

Additional key details about the H-1B proclamation issued by President Trump:

1. An additional $100,000 fee will be imposed on certain H-1B workers seeking entry (or re-entry) into the United States.
2. This fee must be paid for all H-1B workers outside the United States before the United States Citizenship and Immigration Services (USCIS) will process their pending petitions.

At this time, the fee is not required for extensions of status, change of employer petitions, or amendments. But it would be triggered by a subsequent departure and request for readmission.

Exceptions: The Department of Homeland Security (DHS) may grant exceptions for an individual, a company, or an industry if it is in the national interest of the United States and does not pose a threat to the security or welfare of the United States. We anticipate that the exceptions could be similar to those used during the pandemic.
Additionally, the proclamation does not address whether it applies to cap-exempt H-1B workers outside of the United States.

Important Points to Understand:

1. Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to President Trump as to whether renewing or extending the restriction on reentry is in the best interest of the United States.
2. The Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates before Oct. 1, 2026, presumably to prevent them from entering and filing a change of status and avoiding the fee.
3. 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.

Next Steps:

We know you will have many questions. We will provide additional information in the coming days and weeks, as this is a fast-moving situation with many unknowns. However, we will advise as soon as clarity is reached.

Contact your immigration counsel for more information about your specific circumstances.

Dieser Artikel sollte nicht als rechtliche Beratung oder rechtliche Stellungnahme zu spezifischen Fakten oder Umständen ausgelegt werden. Der Inhalt dient ausschließlich allgemeinen Informationszwecken, und es wird empfohlen, dass Sie sich bei spezifischen rechtlichen Fragen, die Ihre Situation betreffen, an Ihren eigenen Anwalt wenden.

Kontaktieren Sie für weitere Informationen Timo Rehbock von Barnes & Thornburg unter +1 312-214-4592 oder per E-Mail trehbock@btlaw.com.