Updated Guidance: Presidential Proclamation on H-1B Entry Restrictions

In light of the September 19, 2025 Presidential Proclamation—and the USCIS memorandum dated September 20, 2025—set to take effect at 12:01 a.m. ET on Sunday, September 21, 2025, we are issuing the following updated guidance to all foreign national employees currently holding or planning to travel on H-1B visas, and to H-1B employees who are currently outside the United States.

Travel Advisory for H-1B Nonimmigrants – Currently in the U.S.

Impact of Proclamation: The restriction applies only to new petitions filed on or after September 21, 2025, unless they are accompanied by the required $100,000 supplemental payment.

Current Visa Holders: According to USCIS, the proclamation does not apply to individuals with:

• Petitions filed before September 21, 2025,
• Already approved petitions, or
• Holders of validly issued H-1B visas.

Travel Caution: While current visa holders remain eligible to reenter the U.S., there may still be heightened scrutiny at ports of entry. We recommend postponing non-essential travel until further clarity is available. If international travel is unavoidable, please be prepared for additional questioning and possible delays.

For H-1B Beneficiaries – Currently Not in the U.S.

If you already hold an approved petition and a valid H-1B visa, you are not subject to the new restriction and may enter the U.S. as normal.

If your petition is not yet filed, or will be filed on or after September 21, 2025, your employer will need to comply with the proclamation’s requirement to submit the $100,000 supplemental payment.

Those scheduled for visa interviews should proceed unless instructed otherwise by the U.S. consulate.

H-4 Spouses and Dependents

The proclamation does not apply to H-4 dependents of H-1B holders. However, families may still encounter confusion and delays at consulates and ports of entry.

Legal Developments and Next Steps

Litigation is expected, which may rapidly change how the proclamation is enforced. Court rulings could introduce new exceptions, suspensions, or additional requirements with little notice. Employers and employees should closely monitor updates from USCIS and DHS.

Action Items

• Current H-1B visa holders: You may travel and reenter, but exercise caution and be aware of possible delays.

All employees: Stay in close communication with our office for individualized guidance.

Remaining questions

DHS has not yet clarified whether the following new H-1B petitions filed after September 21, 2025 would be subject to the proclamation:

• Petitions for consular notification that are not subject to the H-1B cap
• Petitions for change of employer, extension of stay, amendment
• Petitions with a request for change of status not subject to the H-1B cap

We will continue to provide timely updates as more information becomes available. If you have urgent travel plans or specific concerns, please contact your WR attorney.