Key Clarifications from USCIS

• Current H-1B holders not affected: Individuals who already hold valid H-1B status are not impacted by the proclamation.
• International travel permitted: The proclamation does not affect their immigration status or ability to travel internationally and reenter the United States after 12:01 a.m. EDT, September 21, 2025.
• Temporary reassurance: For now, H-1B workers and employers may rely on the USCIS memorandum as official confirmation that current H-1B status and international travel remain unaffected.

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Important Highlights and Developments

• White House FAQ on September 21, 2025: An FAQ released by the administration introduced further uncertainty by confirming that any new H-1B petition filed after September 21 must be accompanied by a $100,000 payment.
• Existing visa holders protected: H-1B workers who already had both a valid petition and a valid visa stamp in their passport as of September 20, 2025, should continue to be permitted reentry into the United States.
• Scope of restriction: The proclamation explicitly applies only to individuals seeking visa issuance or entry based on H-1B petitions filed with USCIS after the effective date.

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Broader Implications

• Cap-subject vs. cap-exempt petitions: Neither the proclamation nor the USCIS memorandum distinguishes between cap-subject and cap-exempt petitions. As written, the fee requirement appears to apply to all new H-1B petitions, regardless of exemption status.
• Timing and application of fee: Beginning September 21, 2025, the $100,000 fee must be paid before filing a new H-1B petition for a worker outside the United States.
• One-time fee (not annual): While President Trump referred to an “annual” fee, the language of the proclamation indicates a one-time payment per petition. The reference to “annual” may reflect the fact that the proclamation itself is effective for one year, subject to renewal.
• Possible exceptions: The proclamation grants discretion to the Secretary of Homeland Security to exempt certain individuals, companies, or entire industries if their employment is deemed to be in the national interest and poses no threat to U.S. security or welfare. Further guidance from the Department of Homeland Security (DHS) and the Department of State (DOS) is expected regarding the process for requesting such exceptions.

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This situation remains highly fluid. The proclamation, its interpretation, and the practical steps for compliance continue to evolve. Employers and H-1B workers should closely monitor official announcements from USCIS, DHS, and the White House to stay informed about changes and potential exemptions.

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For now, the key takeaway is clear:

• Current H-1B status holders are not affected.
• New H-1B petitions filed after September 21, 2025, are subject to a $100,000 filing fee.

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We will provide updates as further guidance becomes available.

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Contact and Disclaimer

Should you have any questions regarding the above information, or require assistance with your immigration or global mobility matters, please don’t hesitate to contact our legal team at Hudson McKenzie. You can reach us by email at gccinfo@hudsonmckenzie.com or by telephone at +44 (0) 20 3318 5794.

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For office locations, please visit our Our Offices page.

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The information provided in this blog is for general guidance only and does not constitute legal advice.

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