USCIS and U.S. Customs and Border Protection posted Memos on 9/20/2025 seeking to clarify the recently issued Proclamation. While the Memos appear to provide some clarity, confusion and inconsistency regarding the Proclamation and its implementation abound.
USCIS Memo dated 9/20/2025 states the following:
- This proclamation only applies prospectively to petitions that have not yet been filed.
- It does not apply to beneficiaries of petition filed prior to the effective date of the proclamation (9/21/2025).
- It does not apply to beneficiaries of currently approved petitions.
- It does not apply to beneficiaries in possession of validity issued H-1B visas.
The USCIS memo also states that the proclamation “does not impact the ability of any current visa holder to travel to or from the United States.” Even so, until we have more clarity on this proclamation, my advice remains for nonimmigrants not to travel outside of the U.S.
The U.S. Customs and Border Protection Memo dated 9/20/2025 essentially states the same information as the USCIS memo.
A White House Fact Sheet on the Proclamation states the following:
- The Proclamation restricts entry for aliens as nonimmigrants to perform services in specialty occupations in the H-1B program unless their petition is accompanied by a $100,000 payment.
- It directs the Secretary of Homeland Security to restrict approvals for petitions from aliens that are currently outside the United States that are not accompanied by the payment, and allows case-by-case exemptions if in the national interest.
Other points and considerations at this time:
- USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.
- Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered by the Proclamation, so unless instructed otherwise, it appears they are exempt BUT THIS HAS NOT BEEN CONFIRMED.
Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction apply to cap-exempt H-1B workers outside of the U.S.
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We will continue to monitor the situation and provide updates as they become available.