September 22, 2025 - Presidential Proclamation FAQs

September 22, 2025: Presidential Proclamation – Payment by Employer of $100,000 Fee for H-1B Visa Petitions

This FAQ provides general information based on ISSS’ understanding of currently available guidance. It does not constitute legal advice and does not address individual circumstances. ISSS will continue to update this FAQ as more information is available.

Late in the day on September 19, 2025, President Trump signed a presidential proclamation instituting new entry restrictions on H-1B specialty occupation workers. Under this proclamation, in certain circumstances, approval of H-1B petitions, entry into the United States in H-1B status, and issuance of H-1B visas are prohibited unless the employer pays a $100,000 fee per individual petition.

On September 20, 2025, at 12:58PM, the Official White House Rapid Response Account posted on X (formerly Twitter) that “The Proclamation does not apply to anyone who has a current visa [and] does not impact the ability of any current visa holder to travel to/from the U.S.” Postings on X are not considered official government guidance.

On the evening of September 20, 2025, the United States Citizenship and Immigration Services (USCIS) released and published official policy guidance stating that the presidential proclamation “only applies prospectively to petitions that have not yet been filed.”

On September 21, 2025, the White House posted an “H-1B FAQ” on their website. Their FAQ clarifies that the $100,000 fee is a one-time fee that only applies to new H-1B petitions. It does not apply to petitions in which an employer is requesting an extension or amendment of H-1B status for an employee.

In the guidance and FAQ, the federal government clarified that the proclamation does NOT apply to:

H-1B petitions (applications) filed prior to the effective date of the proclamation (September 21, 2025, 12:01 a.m. EDT) or
Individuals who, based upon H-1B petitions that were approved by the USCIS prior to September 21, 2025, (12:01 a.m. EDT):
- currently hold H-1B nonimmigrant status; or
- will be in H-1B nonimmigrant status; or
- will be applying for H-1B visas or
Individuals who currently hold valid H-1B visa stamps in their passports or
Petitions filed by employers to renew (extend) an individual’s H-1B status.

Frequently Asked Questions

For all H-1B petitions filed on or after September 21, 2025, the proclamation restricts the approval of new H-1B petitions and issuance of new H-1B visas at U.S. consulates and embassies abroad based on those petitions unless the employer has paid the $100,000 fee (or an exemption applies).

No. The restriction does not apply to individuals who are already in the United States in valid H-1B status. This means that:

You are not required by the proclamation to depart the U.S. if you are in the United States in H-1B status.
Your employer is not required by the proclamation to pay the $100,000 fee for you to remain in H-1B status.

No. The USCIS policy guidance clarifies that the restriction requiring payment of the $100,000 fee does not apply to individuals who currently have a valid H-1B visa or are currently the beneficiary of (the employee who benefits from) an approved H-1B visa petition. If you have questions or need support, please reach out to ISSS at [email protected].

It is unclear how and if the presidential proclamation impacts dependents of H-1B visa holders or applicants. The USCIS policy guidance suggests that dependents of individuals who are eligible for H-1B status based upon petitions pending on or approved before September 21, 2025, should be eligible to apply for H-4 visas and/or enter the United States without payment of the $100,000 fee. If you have questions or need support, please reach out to ISSS at [email protected].

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September 22, 2025: Presidential Proclamation – Payment by Employer of $100,000 Fee for H-1B Visa Petitions

Frequently Asked Questions

University of Colorado Anschutz

September 22, 2025: Presidential Proclamation – Payment by Employer of $100,000 Fee for H-1B Visa Petitions

Frequently Asked Questions

When did this restriction take effect?

For how long is the presidential proclamation’s entry restriction in effect?

What H-1B petitions does this restriction impact?

What does the proclamation restrict?

Does this restriction impact the ability of H-1B status holders who are currently in the United States to stay here?

If an individual has a valid H-1B visa and/or approval notice and is outside of the United States and will not return until on or after September 21, 2025, will the proclamation impact them?

What do I do if I am outside the United States at the time the restriction takes effect, and I have questions?

If I am in the United States and am currently in H-1B status, can I travel outside of the United States?

Does this proclamation impact pending H-1B petitions?

Does the proclamation impact academic (cap-exempt) employers, or only cap-subject employers?

Are there any exceptions to this restriction?

What is the process to apply for an exception?

If I am in the United States in valid H-1B status, does CU Denver | Anschutz have to pay the $100,000 fee to file an application with the USCIS to extend my H-1B status?

Are my dependents in H-4 status who are outside of the United States currently allowed to reenter?

Does the proclamation invalidate or cancel currently valid H-1B visas?

Does this affect other visa categories?

University of Colorado Anschutz