From the U.S. Chamber

President Trump late Friday signed a presidential proclamation that bans H-1B employees from entering the United States unless they or their employers have paid a $100,000 fee.

The proclamation went into effect at 12:01 am EDT on Sunday, September 21, 2025.  We know many of you are concerned about the impact of this proclamation and have questions about its implementation.  There have been several online reports regarding the scope and applicability of this proclamation.

The U.S. Chamber of Commerce provided the following details on the proclamation:

Beginning 12:01 Sunday, September 21, 2025, new H-1B petitions must be accompanied by a $100,000 fee.

The Department of Homeland Security will suspend adjudication of all H-1B petitions filed by employers until the fee is paid.  The Department of State will not approve an employee’s H-1B visa applications until the fee is paid.

The proclamation suggests that H-1B visa holders attempting to enter the United States after the effective date likely will be denied entry by U.S. Customs and Border Protection.  A White House online posting this weekend said that existing H-1B visa holders may leave and reenter the United States without being impacted by the proclamation.

This weekend’s White House posting also says that the proclamation “applies only to new visas, not renewals, and not current visa holders.”

Because the proclamation restricts “entry,” it should not apply to employees in the United States with an approved H-1B visa.  It also should not apply to employees who are changing from another nonimmigrant status (e.g., student on F-1 visa) to H-1B status.  It remains unclear whether those who changed status to H-1B without departing the United States will be impacted when they attempt to obtain a new visa at a U.S. consulate or when they reenter the United States through a port of entry.

Even with this weekend’s clarification from the White House, employers should exercise extreme caution and consult their legal counsel when planning international travel for H-1B employees.

Secretary Lutnick said that the fee will be collected annually, but the White House posting this weekend said it is “NOT an annual fee.”

The proclamation will be effective for 12 months. The Secretaries of Homeland Security and State will recommend whether to extend this proclamation on or around April 30, 2026.

The proclamation allows the Department of Homeland Security to grant a national interest waiver, but there is not yet any substantive guidance yet on the scope and applicability of such waiver. If it is like the existing travel bans, approvals are likely needed from the highest levels of government.

The U.S. Chamber encourages you to consult with their organization’s legal counsel on whether your employees should adjust their internation travel plans.