H1B Proclamation
Sept 19, 2025. White house released a proclamation on H1B program restricting entry to United States. This page provides FAQ on the H1B proclamation. The persons in United States on H1B visas are strongly recommended to not travel outside of the country. It is essentially a travel ban for H1B beneficiaries. While we wait for the details on its implementation, below information is subject to change as per the guidance from the DHS and DOS.
Update: Sept 20, 2025. USCIS provided an update on the proclamation issued on September 19, 2025, stating that the travel restrictions on H1B entry would not impact the existing H1Bs. Even though it may not impact the H1B renewals, it is recommended to exercise caution and check with your attorney before making any travel plans.
table of contents
- When does the H1B proclamation becomes effective?
- How long will the restrictions in the H1B proclamation last for employers and employees?
- Can employers still hire H1B workers after the H1B proclamation takes effect?
- Do employers have to pay $100,000 per petition under the H1B proclamation?
- Who is exempt from the $100,000 fee in the H1B proclamation for employers?
- Does the H1B proclamation apply to employees already in the U.S. on H1B visas?
- Does the H1B proclamation impact H1B transfers, extensions and amendment petitions?
- What happens to employees who travel abroad for stamping under the H1B proclamation?
- What documentation do employers need to show payment under the H1B proclamation?
- Does the H1B proclamation change prevailing wage levels for employers?
- What penalties do employers face if they don’t comply with the H1B proclamation?
- What happens after the 12 month period of the H1B proclamation ends for employers and employees?
When does the H1B proclamation becomes effective?
The white house H1B proclamation becomes effective on Sept 21, 2025 at 12.01am eastern daylight time.
How long will the restrictions in the H1B proclamation last for employers and employees
12 months, starting September 21, 2025, unless extended.
Can employers still hire H1B workers after the H1B proclamation takes effect?
Yes. Employers can hire, but if the worker is outside the U.S. a $100,000 fee must be paid unless exempt.
Do employers have to pay $100,000 per petition under the H1B proclamation?
Yes, for petitions involving beneficiaries outside the U.S., unless DHS grants an exemption.
Who is exempt from the $100,000 fee in the H1B proclamation for employers?
Exemptions apply if DHS finds the hiring is in the national interest and not a security risk.
Does the H1B proclamation apply to employees already in the U.S. on H1B visas?
No. Current H1B visa holders inside the U.S. are not directly impacted.
Does the H1B proclamation impact H1B transfers, extensions and amendment petitions
If the beneficiary is currently in U.S., the H1B proclamation should not impact. However, if the beneficiary is outside the U.S., the employer must pay $100,000 fee.
What happens to employees who travel abroad for stamping under the H1B proclamation
They may be denied reentry unless their employer pays the $100,000 fee.
What documentation do employers need to show payment under the H1B proclamation
Employers must keep proof of payment, and the State Department will verify during visa processing.
Does the H1B proclamation change prevailing wage levels for employers
Yes. The Department of Labor will initiate revision of prevailing wages.
What penalties do employers face if they don’t comply with the H1B proclamation
Their petitions will be denied, and workers may be refused entry into the U.S.
What happens after the 12 month period of the H1B proclamation ends for employers and employees
Agencies will review and recommend whether to extend, renew, or end the restrictions.
