**This page offers only general information and updates and does not take into account the specific factual circumstances of any individual; it should NOT be constituted as legal advice.
Last updated: 11:02 AM ET 9/22/25
What is known with reasonable clarity:
- This does not apply to H-1B petitions already approved and/or filed before the 12:01 AM 9/21/25 deadline. If you are inside or outside the United States now, and have a valid H-1B visa stamp, you should be able to travel and re-enter per normal procedures; this new proclamation should not affect you. Standard travel risks and rules are still appropriate to evaluate.
- This is likely geared toward new H-1Bs starting in the March 2026 H-1B lottery for individuals outside of the United States.
- If you have an H-1B approval, but not a valid H-1B stamp, you should be able to travel, get a new H-1B stamp, and re-enter, per normal procedure. Standard travel risks and rules are still appropriate to evaluate.
- This should not impact any domestic travel.
What is still a question to be clarified:
- Will this be challenged in court? While the answer to this is likely yes, it will be challenged- the final outcome and likelihood of success are unknown.
- Who will be exempt? The proclamation mentioned exceptions, but nothing has yet articulated what those will be as of yet.
- If the fee does remain in place, and the company is willing to pay, what is the process to make the payment and the process for entry for that individual? The USCIS has not yet issued guidance on how companies can pay the new fee.
- What does this mean for those in the US on F-1 OPT/CPT or J-1 perhaps looking to change status to H-1B? It is unclear if this applies to only petitions filed in next year’s cap, only individuals outside of the U.S., or all new H-1B petitions filed as of today.
Best Practice: For any travel that is not an emergency need, it would be prudent not to travel until more precise guidance is issued.
Direct links to governmental notices:
