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New USCIS and CBP Guidance on the H-1B $100,000 Proclamation

By Marissa E. Cwik, Sarah Maxwell Kadel, and Geeta M. Shah
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On September 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued an official memorandum providing guidance on the Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” published on September 19, 2025.

USCIS indicates that the $100,000 payment applies to petitions filed after September 20, 2025, and there are no travel restrictions for current H-1B visa holders arising from this proclamation at this time.

In addition, U.S. Customs and Border Protection (CBP) issued guidance clarifying that the Presidential Proclamation does not restrict the entry of current H-1B visa holders. Thus, the proclamation should not impact the ability of individuals who currently hold H-1Bs to reenter the United States as normal.

The Seal of the President of the United States is used to mark correspondence from the U.S. president to the United States Congress, and is also used as a symbol of the presidency. The central design, based on the Great Seal of the United States, is the official coat of arms of the U.S. presidency and also appears on the presidential flag. The stripes on the shield represent the 13 original states, unified under and supporting the chief. The motto (meaning "Out of many, one") alludes to the same concept.

Quick Hits

  • On September 20, 2025, USCIS issued guidance on the new Presidential Proclamation requiring a $100,000 payment for new H-1B visa petitions filed after September 20, 2025, while clarifying that current H-1B visa holders are not subject to this payment or any new travel restrictions.
  • The USCIS memorandum specifies that the proclamation does not affect H-1B employees with pending petitions filed before September 21, 2025, those with approved and valid H-1B petitions, or those with valid, unexpired H-1B visas.
  • The proclamation is expected to face legal challenges.

The USCIS memorandum states that the proclamation does not apply to the following individuals:

  • H-1B employees with pending H-1B petitions, filed before September 21, 2025;
  • H-1B employees with valid I-797 approvals; or
  • H-1B employees with valid, unexpired H-1B visas.

The USCIS director states that the proclamation does not impact the ability of any current H-1B visa holder to travel to or from the United States.

Background

On September 19, 2025, President Trump issued a Presidential Proclamation barring H-1B visa holders from entering the United States unless petitioners pay a $100,000 fee.

According to the official USCIS guidance:

  • The $100,000 payment applies only to “new” H-1B petitions that have not yet been filed (for example, future H-1B cap petitions or petitions requesting consular notification).
  • It does not impact H-1B petitions filed or approved prior to September 21, 2025, or individuals in possession of a valid H-1B visa.
  • At present, existing H-1B employees with valid I-797 approvals may travel as normal to the United States and will not be subject to any payment to reenter.

Analysis and Impact

The proclamation is expected to face legal challenges, including on the basis that it exceeds the executive authority and oversteps congressional rulemaking; however, those challenges will take time to be resolved in litigation.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.

Ogletree Deakins’ Immigration Practice Group will monitor developments with respect to these and other policy changes and will provide updates on the Immigration blog as additional information becomes available.

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