Helpful Q and A’s on the New H-1B Visa Rule

Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.

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Navigating the New H-1B Executive Action: Advisory for H-1B Visa Holders

On Friday, September 19, 2025, President Trump issued a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” putting into effect a ban on H-1B specialty occupation employees from entering the United States as of September 21, 2025, unless their employer had paid a $100,000 fee for the sponsored employee. The announcement was unclear and seemed to imply that the newly imposed fee was applicable to all H-1B visa holders who were outside of the US on the 21st of September.  As a result, a frenzy besieged the employment-based immigration community with many H-1B workers receiving “urgent e-mails…with travel advisories to remain in the US and asking those outside the country to return  before the 12:01AM deadline on Sunday, September 21st.

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