UPDATE SEPTEMBER 21, 2025: Presidential Action Regarding H-1B Visa Employees

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IMPORTANT UPDATE:
September 21, 2025

White House and USCIS clarified that those who already hold H-1B visas can leave and re-enter the United States as they “normally would,” for now.

While the Friday evening Presidential Proclamation instituted a restriction on entry to the United States for people holding an H-1B visa effective 12:01 a.m. eastern daylight time on September 21, 2025 (see Section 1(a) of the Proclamation), the White House Press Secretary and the Chief Counsel for U.S. Citizenship and Immigration Services have issued clarifying remarks that indicate that the plain-language of Section 1(a) is not intended to be as broad as originally provided.

The White House Press Secretary said in a posting on X the following:

“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.”

The posting was accompanied by a Fact Sheet.

Later the Chief Counsel for U.S. Citizenship and Immigration Services issued a memo that provides that “This proclamation only applies prospectively to petitions that have not yet been filed…. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.”

The legal analysis of these intervening statements will be interesting for future legal scholars and the courts, as it is unclear if statements from a Press Secretary are legally effective if they are arguably contradictory with the plain language of a Presidential Proclamation invoking INA 212(f) and INA 215(a). Significant legal questions arise whether these statements supersede or supplants the authority given to the President by Congress in implementing these statutes via proclamation, even applying a presumption that she issued these statements at the direction of the President, however the USCIS memo from its Chief Counsel is on more comfortable legal ground as effective and binding sub-regulatory agency interpretation. Note that the USCIS is a different agency than U.S. Customs and Border Protection (CBP), which has authority over the inspection and admission of visitors to the United States, as of today we are unaware of any published CBP agency interpretation on this issue. 

Most importantly, all reports are that CBP is following the guidance from the Press Secretary and the USCIS Chief Counsel.  Travelers with H-1B visas are entering the United States in the ordinary course and using normal procedures.

We will provide further information as it becomes available.