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.
Read moreNavigating 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.
Read moreChanges to H-1B Visa Lottery Registration Finalized by USCIS
United States Citizenship and Immigration Services (“USCIS”) announced its intent to strengthen the integrity of the H-1B registration process by introducing changes to the current electronic registration system. The final rule published on February 2, 2024, aims to ensure that regardless of how many H-1B registrations are submitted on behalf of a foreign national, the odds of that person being selected in the H-1B lottery will not increase. The new rule implements a “beneficiary-centered selection process for H-1B registrations”, which means that instead of selecting by registration, which has been the norm since 2020, USCIS will select registrations by the unique beneficiary.
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