Important Updates
Important Updates
October 9, 2025 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
October 9, 2025 | AzerbaijanAzerbaijan: Stricter Documentary Requirements for Company Director Work Permit Exemption
October 9, 2025 | GermanyGermany: Fast-Track Naturalization Pathway Abolished
October 9, 2025 | 🌐Minimum Salary Changes Announced
October 9, 2025 | GermanyPartner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht
October 9, 2025 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
October 9, 2025 | AzerbaijanAzerbaijan: Stricter Documentary Requirements for Company Director Work Permit Exemption
October 9, 2025 | GermanyGermany: Fast-Track Naturalization Pathway Abolished
October 9, 2025 | 🌐Minimum Salary Changes Announced
October 9, 2025 | GermanyPartner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht
October 9, 2025 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: What Employers and Foreign Nationals Need to Know Now About the New H-1B Entry Restrictions Taking Effect on Sunday, September 21

September 20, 2025

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • Navigating Immigration Under the Second Trump Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • Navigating Immigration Under the Second Trump Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • Navigating Immigration Under the Second Trump Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Individuals outside the United States with an approved H-1B petition and H-1B visa (if required) should try to return to the United States before 12:01am EDT on Sunday, September 21, 2025. If they are unable to enter before that time, they should await further instructions.
  • H-1B nonimmigrants with plans to travel outside the United States and reenter on or after September 21 should put their plans on hold for now until the scope of the entry restrictions is clarified. If foreign travel is unavoidable, foreign nationals should anticipate significant delays in their ability to return to the United States.
  • H-4 spouses and dependents, Chile/Singapore H-1B1 nonimmigrants, and H-1B fashion models should not be subject to the entry restrictions but should expect delays and confusion at the port of entry on or after September 21.
  • Employers and foreign nationals should stay on top of legal developments. Litigation to challenge the entry ban is expected and court orders could mean new instructions for H-1B nonimmigrants and their employers with little notice.   

The issue

President Trump’s new entry restrictions on H-1Bs take effect at 12:01am EDT on Sunday, September 21. Though there are many open questions about aspects of the entry restrictions, the imminent implementation date means that foreign nationals and employers need to act quickly to minimize the risk of bars to their entry or reentry to the United States. The following are Fragomen’s answers to frequently asked questions about the new restrictions. These are subject to rapid change as the H-1B travel situation evolves.

What should foreign nationals planning to enter or reenter the United States do now?

Foreign nationals with an approved H-1B petition and a valid H-1B visa (if required) should take urgent steps to return to the United States before 12:01am EDT on Sunday. Unfortunately, due to cyberattacks affecting many European airports, it may be difficult for many board a flight and arrive in the United States before the entry restrictions take effect.

If possible, foreign nationals may want to choose a port of entry with a U.S. pre-flight inspection station (PFI). Clearance through a PFI is a determination of admissibility to the United States and may help a foreign national’s return to the United States before the proclamation takes effect.

Does the ban apply to H-1Bs who are in the United States on September 21?

The ban applies to those outside the United States who are seeking entry as an H-1B specialty occupation nonimmigrant. However, it is not yet known whether H-1Bs who depart the United States on or after September 21 will be subject to the new restrictions when they seek to return to the United States; therefore, international travel plans on or after September 21 should be put on hold until further notice.

What about H-4 family members? Does the ban apply to them?

The presidential proclamation on H-1B entry does not directly apply to H-4 spouses and dependents. However, if their H-1B principal is subject to the ban, H-4 spouses and dependents are likely to be subject to the ban as well.  H-4 spouses and dependents whose H-1B principal is in the United States or not otherwise subject to the ban should be able to enter after the entry restrictions take effect on September 21, but should be prepared for confusion and delays at ports of entry. They should calmly and politely explain that they are entering in a different nonimmigrant category than that covered by the travel ban.

Does the ban apply to the Chile/Singapore H-1B1 program? What about H-1B fashion models?

The proclamation addresses only H-1B workers entering to perform a specialty occupation under Immigration and Nationality Act Section 101(a)(15)(H)(i)(b). It does not apply to Chilean and Singaporean nationals entering under the separate provision for the H-1B1 program. Therefore, these individuals should be able to enter or reenter the United States on or after 12:01am EDT on Sunday, September 21, without the need to comply with the requirements of the Presidential Proclamation. However, H-1B1s should be prepared for delays and possible confusion at ports of entry. They should calmly and politely explain that their immigration category is separate from the H-1B specialty occupation category and is not subject to the new proclamation.

H-1B fashion models should not be subject to the new entry restrictions. Though they are H-1B nonimmigrants, they are not entering the United States to perform a “specialty occupation” as that term is defined under U.S. immigration law. However, they should be prepared for delays and possible confusion at ports of entry. They should calmly and politely explain that they are entering as fashion models, and not H-1B specialty occupation workers.

What documents should H-4, and H-1B fashion models carry with them when traveling to the United States on or after September 21, 2025? What about Chile/Singapore H-1B1s?

Along with their valid passport and valid visa (if required), H-4 travelers should carry a valid USCIS Form I-539 approval notice in their name, if any, and a copy of the principal H-1B foreign national’s approval notice, and a copy of marriage or birth certificate documenting their relationship to the H-1B. H-1B fashion models should travel with a valid passport, H-1B visa, and a copy of their Form I-129 petition and approval notice.

Chile/Singapore H-1B1s must travel with their valid passport and visa. If an H-1B1 is the beneficiary of a USCIS Form I-129 petition, they should travel with a copy of the petition and approval notice as well.

When will the Trump Administration announce fee payment procedures for H-1Bs seeking entry on or after Sunday, September 21? What about procedures for national interest exceptions to the restrictions?

The presidential proclamation bans the entry of H-1B specialty occupation nonimmigrants as of September 21 unless their employer pays a $100,000 fee or they receive an exemption from the restrictions. We anticipate that the Administration will provide information on fee payment and exemption applications in the coming days, but this information is not available at the time of this writing.

Will the new proclamation be challenged in court?

Legal challenges to the ban are expected to be filed very soon and are likely to seek an emergency stay against the presidential proclamation. However, the timing of a stay or injunction cannot be predicted with certainty. Therefore, H-1Bs outside the United States should make every effort to return before the ban is implemented. Those with plans to depart the United States and reenter on September 21 or later should put their plans on hold and remain in the United States for now; if travel is unavoidable, they should expect the possibility of significant reentry delays.

Fragomen will provide continual updates to developments concerning the new travel restrictions. Employers and foreign nationals are urged to promptly review Fragomen alerts as they are issued.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • Navigating Immigration Under the Second Trump Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • Navigating Immigration Under the Second Trump Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • Navigating Immigration Under the Second Trump Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Sports Lawyers Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Sports Lawyers Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.