CSG Law Alert: H-1B Travel Subsequent to Presidential Proclamation
President Trump late Friday signed a presidential proclamation that bans an H-1B employee from entering the United States unless their employer has paid a $100,000 fee for the sponsored employee. The proclamation is set to take effect at 12:01 am EDT on Sunday, September 21, absent a court order suspending implementation.
- H-1B employees will be denied entry to the United States as of September 21, 2025, unless their employer has paid a $100,000 fee for the employee, according to a proclamation signed by President Trump late Friday.
- The entry ban and fee requirement appear to apply to any H-1B entering the United States after 12:01am EDT on Sunday, September 21, 2025. It certainly applies to any to-be-filed or pending H-1B petition and any new application for an H-1B visa.
- The proclamation allows the Department of Homeland Security to grant exceptions to the ban for individual foreign nationals, foreign nationals working for a particular company, or foreign nationals working in a specific industry, if, in the agency’s discretion, H-1B employment is found to be in the national interest and does not pose a threat to U.S. security or welfare.
- The restriction will be valid for 12 months but may be extended on the recommendation of the federal immigration agencies. An extension would keep the ban in place for foreign nationals for whom a FY 2027 H-1B cap petition was approved.
What H-1B Employers and Employees Need to Do Now
Though it is not yet clear how the Trump Administration will implement the new proclamation, we advise employers and affected foreign nationals to do as follows until further notice:
- Individuals outside the United States with an approved H-1B petition and H-1B visa (if required) should try to return to the United States before 12:01am EDT on Sunday, September 21, 2025. If they are unable to enter before that time, they should await further instructions.
- H-1B nonimmigrants with plans to travel outside the United States and reenter on or after September 21 should put their plans on hold for now until the scope of the entry restrictions is clarified. If foreign travel is unavoidable, they should anticipate significant delays in their ability to return to the United States.
- Employers and foreign nationals should stay on top of legal developments. Litigation to challenge the entry ban is expected and court orders could mean new instructions for H-1B nonimmigrants and their employers with little notice.