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12:01 a.m. Eastern Daylight Time on Sept. 21, 2025 (which was 10:01 p.m. Mountain Daylight Time on Sept. 20, 2025).

According to the presidential proclamation, the entry restriction will be in place for 12 months starting on Sept. 21, 2025.

The restriction will ONLY apply to H-1B petitions filed by employers with the USCIS on or after 12:01 a.m. Eastern Daylight Time (EDT) on Sept. 21, 2025.

For all H-1B petitions filed on or after Sept. 21, 2025, the proclamation restricts the approval of new H-1B petitions and issuance of new H-1B visas at U.S. consulates and embassies abroad based on those petitions unless the employer has paid the $100,000 fee (or an exemption applies).

No. The restriction does not apply to individuals who are already in the United Status in valid H-1B status.�� This means that:

• You are not required by the proclamation to depart the U.S. if you are in the United States in H-1B status.
• Your employer is not required by the proclamation to pay the $100,000 fee for you to remain in H-1B status.

No. The USCIS policy guidance clarifies that the restriction requiring payment of the $100,000 fee does not��apply to individuals who currently have a valid H-1B visa or are currently the beneficiary of (the employee who benefits from) an approved H-1B visa petition. Contact your ISSS advisor if you have any questions.

Communicate with your ISSS advisor.

Yes. The USCIS policy guidance clarifies that the $100,000 fee requirement does not apply to individuals who are beneficiaries of H-1B petitions that were approved prior to Sept. 21, 2025. Please contact your ISSS advisor before making travel plans.

No. The proclamation does not impact H-1B petitions filed prior to Sept. 21, 2025. The policy guidance clarifies that if a H-1B petition was filed prior to Sept. 21, 2025, even if it is approved after that date, the $100,000 fee requirement does not apply.

The proclamation does not distinguish between cap-subject and cap-exempt employers. As the proclamation is written, the restriction applies broadly to all H-1B petitions and entries, including those filed by academic institutions, research organizations, and other cap-exempt employers.

An exception only exists if the U.S. Secretary of Homeland Security determines that it is in “the national interest” to have the H-1B visa holder employed in the United States and doing so “does not pose a threat to the security or welfare of the United States.”��

The federal government has not yet stated what the process to apply for an exception will be.

No. The “FAQ H-1B” issued by the federal government states that the $100,000 fee does not apply to applications filed by employers to extend or amend an employee’s H-1B status.

ISSS believes the answer is "no" based on wording in the proclamation, which states that the $100,000 fee appears to be required only if the employee who benefits from the H-1B petition is outside of the United States as of Sept. 21, 2025. However, ISSS is waiting for further guidance from the USCIS and will update this FAQ as soon as possible.

It is unclear how and if the presidential proclamation impacts dependents of H-1B visa holders or applicants. The USCIS policy guidance suggests that dependents of individuals who are eligible for H-1B status based upon petitions pending on or approved before Sept. 21, 2025, should be eligible to apply for H-4 visas and/or enter the United States without payment of the $100,000 fee. Please contact��your ISSS advisor.

No. The proclamation does not cancel or invalidate H-1B visas that are already valid. If you currently hold an H-1B visa in your passport, that visa remains valid through its expiration date.��

No. The proclamation specifically references H-1B specialty occupation workers. No additional visa categories are referenced.