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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

On Sept. 19, 2025, President Trump issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation imposes a new $100,000 fee requirement for the entry or reentry of foreign nationals in H-1B status and may have sweeping implications for employers and employees.

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The effective date is 12:01 a.m. EDT on Sunday, Sept. 21, 2025. The proclamation is scheduled to remain in effect for 12 months, through Sept. 20, 2026, though it may be extended.

<strong>&nbsp;Immediate guidance for employees and employers</strong>

H-1B employees currently abroad should return to the United States before midnight on Sept. 20, 2025, to avoid being subject to the new restriction.

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H-1B employees currently in the United States should remain in the country and avoid international travel until further notice.

H-1B beneficiaries with approved petitions and valid visas should make every effort to enter the United States immediately.

Employers should expect delays in adjudication of H-1B petitions filed on behalf of individuals outside the United States until USCIS issues further guidance regarding the new fee requirement.

Travel outside the United States for visa processing or renewals will be impacted, and H-1B workers should refrain from all international travel until implementation is further clarified.

Significant legal challenges to the proclamation are anticipated, which may affect its scope and enforcement.

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<strong>Key provisions of the proclamation</strong>

Scope of restriction: Applies to H-1B workers outside the United States seeking entry or reentry after the effective date. It does not appear to impact individuals currently inside the United States in H-1B status, unless they depart and attempt reentry.

USCIS adjudications: USCIS will not adjudicate petitions for H-1B workers outside the United States unless accompanied by proof of payment of the $100,000 fee. Extensions of stay inside the United States, including amendments, change of employer, and change of status, appear unaffected unless clarified otherwise.

Future review and rulemaking: Within 30 days of the March 2026 H-1B lottery, key agencies must advise the president on whether to extend the proclamation. The secretary of state will issue guidance to prevent misuse of B visas by approved H-1B workers seeking to circumvent the restriction. The secretary of labor will initiate rulemaking to adjust prevailing wages and prioritize admission of high-skilled, high-paid workers.

Exceptions: DHS may authorize exceptions for individuals, companies, or industries if deemed in the national interest and consistent with U.S. security and welfare. The proclamation does not expressly address whether cap-exempt H-1B workers outside the United States are covered.

We will continue to monitor developments closely and provide updates as soon as new guidance is issued.

Senior Counsel

Sarah R. Bileti

Associate

Christopher M. LeClair

Daniel C. “Dan” Persinger

Immigration

Urgent Client Alert: H-1B Employees Should Return Immediately and Avoid International Travel

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Urgent Client Alert: H-1B Employees Should Return Immediately and Avoid International Travel

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