Immigration

United States | Update to Presidential Proclamation impacting H-1B holders

Summary

President Trump signed a Proclamation on September 19, 2025. The impact of the Proclamation has fluctuated over the past 24 hours, however there is now clarity on the immediate impact to the H-1B visa category.

The detail

Following yesterday’s Proclamation, which is effective 12:01 a.m. EST September 21, 2025, multiple government sources have now confirmed that the Proclamation does not apply to H-1B beneficiaries who already have an approved H-1B petition and/or a valid H-1B visa. Specifically, the Director of US Citizenship and Immigration Services (USCIS) and the Executive Director of Customs and Border Protection (CBP) issued two separate memoranda clarifying the Proclamation. The Official White House Rapid Response X account (“Rapid Response 47”) and White House Press Secretary Karoline Leavitt’s X account also provided additional clarification.

Immediate take aways and recommendations:

• H-1B visa holders who have a valid H-1B visa and approved H-1B petition (I-797 Approval Notice) may travel to the US after the effective proclamation date;
• H-1B workers who are currently outside of the US and have an approved H-1B petition (I-797 Approval Notice) may apply for an H-1B visa stamp and return to the United States after the effective proclamation date; and
• Given inconsistencies in the Proclamation and the recent updates, Vialto continues to recommend that current H-1B holders remain in the US until further clarifying guidance is provided.

Further clarity required:

There is uncertainty as to whether this Proclamation applies to all H-1B petitions filed after 12:01 a.m. ET September 21, 2025 or only for new H-1B cap petitions (i.e. the upcoming FY27 H-1B cap lottery season). We are continuing to monitor official guidance and will provide an update to address this uncertainty as soon as possible.

In the meantime, we wish to emphasize the fluidity of the situation and recommend that decisions are made cautiously at this time. Vialto is monitoring the situation and will provide further clarification 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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