UPDATE: USCIS ISSUES CLARIFYING GUIDANCE THAT H-1B TRAVEL RESTRICTION WILL ONLY APPLY PROSPECTIVELY AND WILL NOT IMPACT CURRENT H-1B VISA HOLDERS
Late in the day on September 20, 2025, USCIS Director, Joseph B. Edlow, issued a Policy Memorandum clarifying that the Trump Administration’s Executive Action (EA) titled Restriction On Entry Of Certain Nonimmigrant Workers (“H-1B Proclamation”) applies prospectively. The Memo states:
“This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States. ”
This clarification confirms earlier rumors that current H-1B beneficiaries, including those that are abroad, are not subject to the $100,000 fee and that those who are currently abroad will be able to return after September 21, 2025 without being subject to the fee.
In addition, just after 4 pm E.T. on September 20th, White House Press Secretary, Karoline Leavitt, confirmed in a post on X:
“To be clear:
1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.
2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter.
H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.
3.) This applies only to new visas, not renewals, and not current visa holders.
It will first apply in the next upcoming lottery cycle.
4:16 PM · Sep 20, 2025 · 733.8K Views”
The Press Secretary’s statement provides slightly more detail than the USCIS Memo and it is likely that the White House and various DHS agencies are still working out the specifics of the practical implementation and exact scope of the EA.
For now the following is confirmed:
H-1B Workers Currently Outside the U.S. should be able to reenter the U.S. after today without being subject to the $100,000 fee.
H-1B Workers Currently Inside the U.S. should be able to resume international travel without being subject to the $100,000.
D&S is awaiting more official confirmation of the Press Secretary’s X statement before confirming the additional details provided therein are accurate.
D&S understands the frustration and stress many individuals have faced in response to the H-1B Proclamation. Many rushed to adjust travel plans, cut vacations short, cancel or miss professional and personal commitments, and book last-minute travel in an attempt to return before official guidance was provided. The government’s lack of clear communication and the chaotic implementation of this policy understandably led to confusion and unnecessary panic. Our team deeply empathizes with the stress, chaos, and disruption this has caused many H-1B workers and will continue to provide additional updates as more information become available.