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What the New H-1B Proclamation by President Trump Means for Employers and Employees
- Emily McIntosh
- Sep 19
- 4 min read
Updated: Sep 23
Key Clarification from USCIS (as of Sept 20, 2025)
USCIS confirmed that the proclamation applies only to new H-1B petitions filed after September 21, 2025. It does not apply to:
Individuals who are beneficiaries of petitions filed before September 21.
Beneficiaries of already approved petitions.
Individuals who already hold validly issued H-1B visas.
In other words:
Current H-1B employees remain in valid status and can continue working in the U.S.
The $100,000 fee does not apply to re-entry, renewals, or petitions filed before September 21.
Based on communication from White House officials, the new fee structure is expected to apply beginning with the next H-1B lottery cycle for new applicants, not for existing visa holders or renewals.
Employers should still advise H-1B employees currently outside the U.S. to return as soon as they can, if possible, and to postpone non-essential travel until more details are released.
What Employers Need to Know
H-1B employees currently in the U.S. (with valid status): Their status and work authorization remain valid. Day-to-day employment continues as normal.
H-1B employees in the U.S. with pending approvals :USCIS will continue reviewing cases already filed. This proclamation does not halt petitions under review inside the U.S.
H-1B employees currently outside the U.S.:
If they can return before 11:59 PM EDT on September 20, 2025, they should do so, or as soon as they can.
H-1B employees planning international travel: Advise employees to postpone non-essential travel. Attempting re-entry after September 21 may be difficult until further implementation details are available.
What Employees Need to Know
If you are in the U.S. with valid H-1B status: Your visa and work authorization remain secure. You may continue working as usual.
If you are in the U.S. with a pending H-1B petition: Your case will continue through the USCIS process. This proclamation does not cancel pending approvals.
If you are outside the U.S. right now:
Return before 11:59 PM EDT on September 20, 2025, if possible.
If you cannot return by that deadline, hold off on making travel plans until further guidance is issued.
If you are planning international travel: Please delay any non-essential travel. Leaving the U.S. after September 21 could create re-entry issues until the situation is clarified.
H-1B Transfers and Extensions
A key question for employers is whether the $100,000 payment requirement applies to transfers and extensions filed after September 21. The proclamation itself does not distinguish between new cap-subject filings, transfers (change of employer), or extensions; all are technically new petitions.
USCIS has not yet issued specific guidance on whether transfers and extensions will be exempt. Early communication from White House officials suggests the intent is to apply the new fee primarily to new lottery filings, but until written guidance is published, the treatment of transfers and extensions remains uncertain.
Employer takeaway:
If possible, file pending transfers or extensions before September 21, 2025.
Treat new filings after Sept 21 with caution until USCIS provides clarification.
Monitor for updates, as further guidance is expected in the coming weeks.
Key Takeaway
This proclamation applies only to H-1B employees and only prospectively to petitions filed after September 21, 2025. Other visa categories, such as L-1, O-1, or F-1 OPT/STEM OPT, are not mentioned. While the announcement is significant, the most important message for employees is that their current H-1B status inside the U.S. remains valid.
We are closely monitoring implementation details and potential legal challenges. As soon as DHS/USCIS releases additional guidance, we will provide updates to ensure both employers and employees have the clarity they need.
Next Steps:
Employers should track international travel for H-1B employees.
Employees should avoid new travel until further notice.
Everyone should watch for updates from immigration counsel as the situation develops.
Original Article from Sep 19, 2025
What Employers Need to Know about the H-1B Proclamation from President Trump
H-1B employees currently in the U.S. (with valid status): Their status and work authorization remain valid. Day-to-day employment continues as normal.
H-1B employees in the U.S. with pending approvals:USCIS will continue reviewing cases already filed. This proclamation does not halt petitions under review inside the U.S.
H-1B employees currently outside the U.S.:
If they can return before 11:59 PM EDT on September 20, 2025, they should do so.
If they cannot return before that time, they should wait for further guidance before attempting re-entry.
H-1B employees planning international travel:Advise employees to postpone non-essential travel. Attempting re-entry after September 21 may be difficult.
At this stage, no action is required from employers beyond monitoring employee travel plans and staying alert for official implementation guidance.
What Employees Need to Know
If you are in the U.S. with valid H-1B status:Your visa and work authorization remain secure. You may continue working as usual.
If you are in the U.S. with a pending H-1B petition:Your case will continue through the USCIS process. This proclamation does not cancel pending approvals.
If you are outside the U.S. right now:
Return before 11:59 PM EDT on September 20, 2025, if possible.
If you cannot return by that deadline, hold off on making travel plans until further guidance is issued.
If you are planning international travel:Please delay any non-essential travel. Leaving the U.S. after September 21 could create re-entry issues.
Key Takeaway
This H-1B proclamation by President Trump applies only to H-1B employees. Other visa categories, such as L-1, O-1, or F-1 OPT/STEM OPT, are not mentioned. While the announcement is significant, the most important message for employees is that current H-1B status inside the U.S. remains valid.
We are closely monitoring implementation details and potential legal challenges. As soon as DHS/USCIS releases official guidance, we will provide updates to ensure both employers and employees have the clarity they need.
Next Steps:
Employers should track international travel for H-1B employees.
Employees should avoid new travel until further notice.
Everyone should watch for updates from immigration counsel as the situation develops.
We will share updates here as soon as more details become available.
This policy guide is for employers and does not replace legal advice for a specific case.
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