UPDATE: UPDATE: H-1B TRAVEL ADVISORY UPDATE: USCIS Confirms H-1B Travel Restriction Is Prospective and Does Not Apply to Current H-1B Beneficiaries - Please see Here
This evening the Trump Administration issued an Executive Action (EA) titled Restriction On Entry Of Certain Nonimmigrant Workers. This EA restricts the entry of certain H‑1B nonimmigrant workers unless the petitioning employer has made a $100,000 payment in connection with the H‑1B petition.
While the immigration bar continues to analyze the EA, D&S is providing an urgent travel alert to all H-1B workers as well as a preliminary assessment of the EA’s impact:
Who Is Affected?
H‑1B workers outside the U.S. as of the EA’s effective date who do not have proof that their petitioning employer paid the new $100,000.
H‑1B beneficiaries abroad, whose petitions do not include the $100,000 payment, may be denied entry or visa issuance regardless of whether the visa petition was approved.
H‑1B employees already in the U.S. are not subject to this restriction simply by virtue of being inside, but travel outside the U.S. after the effective date could subject them to the travel restriction upon reentry.
Individuals currently abroad awaiting issuance of H-1B visa stamps are also likely to have their visa applications refused or placed in administrative processing pending their petitioning employer’s proof of payment of the $100,000 fee.
The EA is not clear regarding its applicability to pending H-1B petitions filed before the EA’s effective date.
Effective Date & Duration of Restriction
The Travel Restriction take effect at 12:01 a.m. EDT on September 21, 2025
The rule is in effect for 12 months from the effective date, unless extended.
Exceptions
The Secretary of Homeland Security may waive restrictions for individuals or entire companies/industries if admitting them is found to be in the national interest and does not pose security or welfare concerns
Note: the EA is silent on what criteria should be considered in determining what H-1B employment is in the national interest.
Employer Action Items
Immediately advise all H‑1B employees to refrain from international travel until further notice. Travel after September 21 could result in denial of reentry.
If H‑1B employees are abroad, urge them to return to the U.S. before September 21, 2025, if possible, to avoid being barred from entry.
Hold off on filing any non-time sensitive H-1B petitions until the applicability and impact can be further assessed.
The EA includes some poorly worded and confusing clauses regarding to which petitions and H-1B workers the restriction applies. The EA also does not provide instructions for how or where employers are supposed to make this payment if in connection with an already approved H-1B petition, how it will be documented, and leaves open many other questions about the practical application of the travel restriction as well as whether it applies to H-1B petitions pending as of the effective date or only those filed on or after the effective date.
This EA is expected to be subject to legal challenge as indicated by a senior fellow at the American Immigration Council, who called the move “almost certainly illegal and likely to be struck down in court,” in a social media post.
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UPDATE 1 [9/20/2025 3:00pm]: Several news reports suggest the rule will not apply to current H-1B beneficiaries/visa holders. However, this information has not yet been confirmed by the Administration so we continue to counsel individuals to follow the guidance above regarding returning to the U.S. if abroad and avoiding departure if currently here.
D&S is actively monitoring developments and conducting further analysis and will provide updates as they become available.