Immigration

United States | Restriction on entry of certain nonimmigrant workers

Summary

President Trump signed a Proclamation on September 19, 2025 which appears to impose significant new restrictions on H-1B visa holders that takes effect on 12:01 am EDT on September 21, 2025.

The detail

President Trump has signed a Proclamation which appears to have an immediate impact on H-1B visa holders who are physically outside the US or are planning to travel internationally.  It is believed that H-1B visa holders who are physically outside of the United States will require evidence of a $100,000 fee payment receipt in order to reenter the United States after 12:01 am EDT on September 21, 2025.  The expected immediate impact of the proclamation is as follows: 

• H-1B visa holders who are physically outside of the United States should plan to urgently return to the United States before 12:01 am EDT on September 21, 2025 (i.e. by Saturday night). While the text of the proclamation is unclear, similar restrictions may apply to H-4 dependents. After this deadline, H-1B holders can enter the US only after providing proof of payment of the $100,000 fee.
• H-1B holders, and H-4 dependents, who are in the US and travel internationally after the 12:01 am EDT deadline on September 21, 2025, may not be allowed to return unless they provide proof of payment of the $100,000 fee.
• Extensions of H-1B status inside the US, including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—appear to be exempt from the Proclamation, provided they do not travel internationally.

Exceptions:

The Secretary of Homeland Security can waive the $100,000 fee for individuals, companies, or entire industries if determined to be in the national interest of the US and does not pose a threat to the security or welfare of the US. However, DHS has not provided any guidance on how the exception process will work nor have they provided guidance on how the $100,000 fee can be paid.

The takeaway

Until further guidance is released, we do not recommend that individuals in H-1B status, or their H-4 dependents, depart the United States at this time.  If you are an H-1B or H-4 holder who is outside the United States, it is strongly recommended to return to the US before 12:01 am EDT on September 21, 2025.

Vialto is monitoring the situation and will provide further information and guidance as soon as it becomes available.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

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