Alerts9.22.25

H-1B Proclamation Clarified: Only New H-1B Petitions Affected, Agencies Confirm

immigration

Highlights
Over the weekend, federal agencies clarified that the proclamation applies only to new, not-yet-filed H-1B petitions. Current H-1B holders, approved petitions, pending petitions as of September 21, 2025, and individuals with valid H-1B visas are not affected.

A new presidential proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” published on September 19, 2025, imposes unprecedented restrictions on H-1B visa processing and entry, effective 12:01 a.m. EDT on Sunday, September 21, 2025. The policy requires a $100,000 fee for H-1B visa issuance or admission and introduces new compliance obligations for U.S. employers. Unless blocked by litigation, the proclamation will remain in place for 12 months.

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