U.S. Government Clarifies Proclamation Only Applies to NEW H-1B Petitions
The initial Presidential Proclamation caused chaos and confusion for about a day and half as H-1B visa holders who were outside the U.S. scrambled to try to return to the U.S. before the proclamation became effective. However, on September 20, 2025, the U.S. government clarified the Proclamation requiring the $100,000 H-1B fee only applies to NEW H-1B visa petitions filed September 21, 2025 or later through a USCIS memo.
The USCIS memo states the Proclamation does not apply to H-1B visa holders who:
Had H-1B petitions filed for them before the effective date (9/21/2025);
Have an H-1B petition approved already; or
Already hold a valid issued H-1B visa stamp.
The memo goes on to say current H-1B visa holders may continue to travel to and from the U.S. without impact. U.S. Customs and Border Patrol, the agency responsible for screening and allowing foreign nationals into the U.S., confirms the same details on a social media post on X (formerly Twitter). The White House also verified the same facts on X and added that the $100,000 fee only applies to H-1B applicants who are outside the U.S. and apply for the March 2026 H-1B lottery. Most immigration attorneys and experts read the initial H-1B Proclamation as a lot more expansive and affecting a lot more H-1B visa holders. The Proclamation has yet to be updated to be consistent with the USCIS memo or the government social media posts.
H-1B visa holders and their family members, employers, and immigration attorneys were glad to see the Proclamation was more limited in scope. Due to the lack of clarity from the Proclamation, Vong Law Group still recommends H-1B visa holders return to the U.S. as soon as possible and cancel any international travel plans.
Vong Law Group is continuing to review the proclamation and additional guidance provided by the administration to provide more details and guidance.
