H-1B Proclamation: USCIS & CBP Guidance

Posted on by Susan Lane

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.

Trump Proclamation on H-1B Workers

Posted on by Susan Lane

President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers, is effective at 12:01 a.m. EDT Sunday, September 21, 2025.

Any H-1B nonimmigrants who are currently abroad should return to the U.S. as soon as possible before the effective date. Travel outside of the U.S. for visa processing/renewals will be impacted so H-1B nonimmigrants should refrain from all international travel until implementation is further clarified.

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.

Universities are cap exempt. The language of the Proclamation does not address whether this new fee and travel restriction apply to cap-exempt H-1B nonimmigrants outside of the U.S. Until we receive clarification, it is advised that all H-1B nonimmigrants postpone international travel. 

We will provide updates as more information becomes available.

USCIS Reaches H-1B Cap for Fiscal Year 2026

Posted on by Susan Lane

On July 18, 2025, USCIS announced it had received enough petitions to hit the H-1B visa cap for FY 2026. This includes the standard 65,000 visas and an additional 20,000 set aside for applicants with advanced degrees from U.S. schools.

With the cap now closed, thousands of skilled foreign professionals—and the companies that rely on them—must either wait for the next cycle or begin searching for alternatives. Employers who filed after the cap now risk having their petitions rejected. It forces businesses to reassess their hiring plans, especially in industries such as tech, engineering, and healthcare, which heavily rely on global talent. Workers not selected in this round now face hard choices. Some may try to extend their current status, such as F-1 OPT. Others might switch to a different visa category. But for many, this marks yet another year of career uncertainty.

Those already on H-1B visas, however, still have options. They can extend their stay, transfer to a new employer, or change job details. These types of petitions do not count toward the cap and are still being processed. It’s one of the few ways the system allows for some movement—though even that comes with limits. Once again, the yearly H-1B quota has run out long before the need has. The widening gap between immigration policy and workforce needs is creating challenges for talented professionals and the employers eager to hire them. If you have questions about your H-1B case or want to prepare for a future filing, feel free to reach out to our office.

Alien Registration Requirement Goes Into Effect April 11, 2025

Posted on by Susan Lane

The following categories of persons who already fulfilled the alien registration requirement:

  • Lawful permanent residents;
  • Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
  • Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
  • All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
  • Aliens whom DHS has placed into removal proceedings;
  • Aliens issued an employment authorization document;
  • Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
  • Aliens issued Border Crossing Cards.

Those who have NOT registered include:

  • Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
  • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration (i.e., Form I-94); and
  • Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

If you fall into the “Who is not registered?” section above, then you must comply with the alien registration requirement. This includes:

  •  All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and remain in the country for 30 days or longer. They must apply before the expiration of those 30 days;
  • The parents or legal guardians of aliens younger than 14 years of age: Parents or legal guardians must apply for the registration of aliens younger than 14 years of age who have not been registered and remain in the country for 30 days or longer, before the expiration of those 30 days; and
  • Any alien, whether previously registered or not, who turns 14 years old in the United States within 30 days after their 14th birthday.

All foreign nationals 18 years of age and over in the United States must comply with the alien registration requirement. This includes those who registered using this new process and must carry the evidence of their registration in their possession at all times. Moreover, all foreign nationals in the United States required to register must report a change of address to USCIS within 10 days of moving. Instructions can be found here: https://www.uscis.gov/addresschange.

PLEASE NOTE: The alien registration requirement DOES NOT provide a legal immigration status or work authorization.

Travel Ban List Proposed by the Trump Administration

Posted on by Susan Lane

The Trump administration proposed a draft of a travel ban list with 43 countries but may change in a final order. The citizens of these countries may encounter travel restrictions when they come to the United States. There are three categories in the new travel ban list: All travel banned, restricted visas, and those who would be given 60 days to address concerns with their visas. 

All Travel Banned

  • Afghanistan
  • Bhutan
  • Cuba
  • Iran
  • Libya
  • North Korea
  • Somalia
  • Sudan
  • Syria
  • Venezuela
  • Yemen

Visas Sharply Restricted

  • Belarus
  • Eritrea
  • Haiti
  • Laos
  • Myanmar
  • Pakistan
  • Russia
  • Sierra Leone
  • South Sudan
  • Turkmenistan

60 Days to Address Concerns

  • Angola
  • Antigua and Barbuda
  • Benin
  • Burkina Faso
  • Cambodia
  • Cameroon
  • Cape Verde
  • Chad
  • Republic of Congo
  • Dem. Republic of Congo
  • Dominica
  • Equatorial Guinea
  • Gambia
  • Libera
  • Malawi
  • Mali
  • Mauritania
  • St. Kitts and Nevis
  • St. Lucia
  • São Tomé and Príncipe
  • Vanuatu
  • Zimbabwe