USCIS and CBP have issued guidance on President Trump’s September 19 proclamation restricting H-1B travel and filings. The agencies confirmed that the proclamation only applies to H-1B petitions filed on or after September 21, 2025.

Key Takeaways for Employers and Employees

• Current H-1B holders not impacted: Individuals with an approved or pending H-1B petition filed before September 21, 2025, or those holding a valid H-1B visa, may continue to travel and enter the U.S.
• Visa-exempt Canadians: Canadians with an approved H-1B petition filed before September 21, 2025, are also unaffected.
• Consular appointments: Employees with visa appointments should proceed as planned, though some consulates may delay processing until the State Department issues guidance.
• New filings: H-1B petitions filed on or after September 21, 2025, will be subject to the proclamation, including the new $100,000 fee requirement. Additional government guidance is expected.

Practical Considerations

• Employees traveling in the coming days should carry a copy of the USCIS and CBP memos and be prepared for delays as the new rules are implemented.
• Employers considering new H-1B filings for candidates abroad should monitor upcoming guidance and expected litigation that pauses implementation of the fee.

We will provide updates as the Department of State issues further instructions to consulates and as USCIS clarifies application of the new fee.

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