On September 19, 2025, the President issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.”
Acting under the Immigration and Nationality Act (INA), the order bars admission of H-1B workers who are outside the United States unless their employer pays a new $100,000 fee.
The measure takes effect 12:01 a.m. Eastern Daylight Time on Sunday, September 21, 2025, and is scheduled to remain in force for 12 months (subject to extension).

Key Update from USCIS and CBP

On September 20, 2025, USCIS and CBP issued official memoranda clarifying that:

“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 nonimmigrant visas.”USCIS

This means the $100,000 payment requirement and associated entry bar apply only to H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025.
Beneficiaries of already-filed or approved petitions, and those holding valid H-1B visas, are not subject to the fee and may continue to travel

Key Provisions

  • Scope of Restriction
    • Applies only to H-1B specialty occupation workers currently outside the U.S.
    • Entry after 12:01 a.m. EDT September 21, 2025 is prohibited unless the petition is “accompanied or supplemented by a payment of $100,000.”and only if the petition was filed after that time.
    • USCIS is directed to deny petitions filed after the effective time that lack proof of this payment.
  • Exceptions
    • DHS may exempt individual workers, companies, or industries when it finds admission “in the national interest” and not a threat to U.S. security or welfare.
  • Future Rulemaking
    • DOL must propose new prevailing-wage regulations.
    • DHS must develop a system to prioritize “high-skilled and high-paid” applicants.
  • Duration & Review
    • Initial duration: 12 months.
    • Inter-agency review and possible extension will occur after the next H-1B lottery (expected March 2026).

Litigation and Executive Authority

Although Congress has not authorized this specific $100,000 fee, it has delegated sweeping authority to the President to control entry of foreign nationals:

INA § 212(f), 8 U.S.C. § 1182(f):
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

INA § 215(a), 8 U.S.C. § 1185(a):
“Unless otherwise ordered by the President, it shall be unlawful—(1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe…”

While lawsuits are expected, the outcome of any litigation is uncertain.
A long line of Supreme Court cases—dating back to the era of the Chinese Exclusion Act—confirms the federal government’s plenary power over admission of foreign nationals:

  • Chae Chan Ping v. United States (Chinese Exclusion Case), 130 U.S. 581 (1889):“The power of exclusion of foreigners being an incident of sovereignty belonging to the government of the United States… cannot be granted away or restrained on behalf of any one.” (p. 609)
  • Fong Yue Ting v. United States, 149 U.S. 698 (1893):“The right of a nation to expel or deport foreigners who have not been naturalized… is as absolute and unqualified as the right to prohibit and prevent their entrance into the country.” (p. 707)
  • Knauff v. Shaughnessy, 338 U.S. 537 (1950):“Whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned.” (p. 544)
  • Shaughnessy v. Mezei, 345 U.S. 206 (1953):“It is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien.” (p. 210)
  • Trump v. Hawaii, 585 U.S. ___ (2018):“Section 1182(f) exudes deference to the President in every clause… the text is clear: the President has broad discretion to suspend the entry of aliens into the United States.” (Slip op. at 10)

These precedents make clear that courts have historically deferred to the Executive on entry restrictions, particularly for individuals outside U.S. territory.

This alert is for general informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney for guidance on specific situations.