On September 19, 2025, President Trump issued a Proclamation entitled, “Restriction on Entry of Certain Nonimmigrant Workers,” which places limitations on the entry of H-1B specialty occupation workers into the United States.  The Proclamation took effect on Sunday, September 21, 2025.

Specifically, the Proclamation provides that H-1B specialty occupation workers will not be allowed into the United States unless their H-1B petition is accompanied by, or is supplemented by, a payment of $100,000. The Proclamation also provides that decisions on H-1B petitions that are not accompanied by a $100,000 payment will be restricted for those who are currently outside of the United States.

There is an exception that applies to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.  We expect guidance to be released that will provide more information about how this exception would be applied and who would qualify.

The Proclamation only impacts those H-1B workers outside the United States and attempting to enter after the effective date. H-1B workers already in the U.S. are not impacted unless they leave and attempt to reenter during the effective period.  Those who already hold H-1B visas and are currently outside of the country will not be charged the fee to re-enter.

We will continue to monitor developments as they become available.  Should you have any questions about how or whether this may impact your workplace, please contact Ali Law Group.

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