United States: Federal Agencies Say President Trump’s H-1B Ban Applies Only to Petitions Filed on or After September 21, 2025
September 20, 2025
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At a glance
- President Trump’s proclamation restricting the entry of H-1B workers applies only to foreign nationals for whom an H-1B petition is filed on or after September 21, 2025, U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection have explained in memoranda issued today.
- The clarifications mean that foreign nationals who currently have a pending or approved H-1B petition or a valid H-1B visa should not be subject to the newly-announced H-1B entry restrictions. They should be able to enter the United States from abroad on or after September 21, 2025, provided that they possess a valid, approved H-1B petition and H-1B visa (if required). Those entering in the coming days should be prepared for possible delays as government agencies begin implementing the new proclamation and agency guidance.
- As a result of the agency clarifications, the new $100,000 fee should only be required for H-1B specialty occupation petitions filed after the proclamation takes effect on September 21 for foreign nationals who are currently outside the United States. Further guidance on the fee requirement is anticipated from the government.
The issue
Foreign nationals who currently have a pending or approved H-1B petition or a valid H-1B visa will not be subject to President Trump’s September 19 presidential proclamation on H-1B travel restrictions, and should be able to enter the United States after the restrictions take effect at 12:01am EDT tonight, according to U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) guidance issued today.
The agency memos significantly limit the scope of the presidential proclamation. The language of the proclamation bans H-1B specialty occupation workers from entering the United States and from obtaining an H-1B petition approval, unless their employer has paid a $100,000 fee for the sponsored employee. By its terms, the proclamation would apply to any foreign national seeking to enter the United States as an H-1B specialty occupation nonimmigrant; however, the new agency guidelines state that the proclamation applies only to those foreign nationals for whom an H-1B petition is filed on or after September 21, 2025, the effective date of the proclamation.
Who is subject to the H-1B travel restrictions?
The USCIS and CBP guidance memoranda state that the government will apply the September proclamation only to beneficiaries of H-1B petitions filed after the proclamation takes effect at 12:01 am EDT tonight. USCIS’s agency memorandum states that the presidential proclamation applies only to petitions that have not yet been filed. Further guidance on application of the restrictions to new filings is anticipated.
According to the government agencies, the presidential proclamation does not apply to those who are:
- Beneficiaries of H-1B petitions filed before 12:01 am EDT tonight; or
- Are in possession of a validly issued H-1B visa.
CBP issued a related memorandum that mirrors the USCIS language and states that CBP will “continue to process current H-1B visa holders.” The Department of State has not yet issued its own guidance to consular officers, but is expected to do so in the coming days.
H-1B travel and entry to the United States on or after September 21, 2025
Travelers holding a valid H-1B visa: Based on the agency memoranda, foreign nationals with an approved H-1B visa should be able to return to the United States using that visa even after the proclamation takes effect after midnight tonight. Those who do, however, should carry copies of the USCIS and CBP guidance documents if possible and should anticipate possible delays at ports of entry due to potential confusion at the border in implementing the new policy.
Visa-exempt Canadian nationals: Visa-exempt Canadian nationals with a valid, approved H-1B petition (filed before September 21, 2025) should be permitted to enter without being subject to the new restrictions.
Travelers with an upcoming consular visa appointment: Foreign nationals with an approved H-1B visa petition filed before September 21, 2025 and an upcoming visa appointment at a U.S. embassy or consulate should attend their appointment. Given today’s agency guidance, the proclamation should not prevent issuance of an H-1B visa, if the applicant is otherwise eligible for the visa. However, foreign nationals should be prepared for the possibility that the consulate may cancel appointments or hold applications in abeyance while awaiting implementation guidance from State Department headquarters in Washington, DC.
Foreign nationals with a currently pending USCIS H-1B petition: As for H-1B adjudications, those with a pending H-1B petition should not be impacted by the proclamation. As a result of the agency clarifications, the new $100,000 fee will only be required for H-1B specialty occupation petitions filed after the proclamation takes effect at 12:01am EDT tonight for foreign nationals who are currently outside the United States.
Foreign nationals with an H-1B petition filed on or after September 21, 2025: These foreign nationals are subject to the new entry restrictions. Guidance on petitions subject to the restrictions, on payment of the new H-1B fee, and on applying for a national interest exception to the restrictions are anticipated in the coming days.
Fragomen is closely monitoring implementation of the new proclamation and agency guidance, and will issue further updates as this fluid situation evolves.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
