Proclamation - Restriction on Entry of Certain Nonimmigrant Workers
On September 19, 2025, President Donald J. Trump issued a Proclamation[1] titled, Restriction on Entry of Certain Nonimmigrant Workers, restricting the entry of foreign nationals seeking entry into the U.S. in H-1B Specialty Occupation nonimmigrant status without payment of a new $100,000 fee – subject to certain exceptions set forth in the Proclamation. The Proclamation, which took effect on September 21, 2025 at 12:01 a.m. EDT, is set to expire after one year, but may be extended.
Subsequently, on September 20, 2025, the U.S. Citizenship & Immigration Services (“USCIS”)[2] and U.S. Customs and Border Protection (“CBP”)[3] issued Memoranda clarifying the applicability of the Proclamation, and the USCIS issued “H-1B FAQs” regarding the same[4]. Specifically, USCIS and CBP confirmed that the Proclamation applies prospectively to new H-1B petitions that have not yet been filed. USCIS also confirmed that the Proclamation does not apply to H-1B change of status and extension of stay petition filings.
While details regarding implementation remain pending, below are key considerations:
- The Proclamation does not apply to foreign nationals who are the beneficiaries of H-1B petitions filed prior to 12:01 AM ET on September 21, 2025, are the beneficiaries of currently approved petitions or are in possession of validly issued H1B nonimmigrant visas.
- USCIS and the U.S. Department of State have been instructed to begin implementing the new monetary requirement for employer submitting H-1B petitions on behalf of foreign nationals outside the U.S. for new H-1B petitions only.
- The Proclamation does not impact the ability of any current H-1B visa holder to travel to or from the United States.
- CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.
- An exception to waive the $100,000 fee requirement may apply for an individual foreign national, all foreign nationals working for a company, or all foreign nationals working in an industry, if the Secretary of the U.S. Department of Homeland Security determines, in the Secretary’s discretion that the hiring of such foreign nationals to be employed as H-1B specialty occupations workers is in the national interest and does not pose a threat to the security or welfare of the United States.
- The Proclamation also directs the U.S. Department of Labor to begin a rulemaking process to revise prevailing wage levels for H-1B workers, consistent with the policy goals of the Proclamation, which is to “prioritize the admission as nonimmigrants of high-skilled and high-paid” foreign nationals.”
- The Departments of Homeland Security, State, and Labor are expected to release further guidance on verification procedures, enforcement mechanisms, and penalties. Within 30 days of the next H-1B lottery (i.e., March 2026). The Secretaries of Homeland Security, State, and Labor as well as the Attorney General shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the United States.
As a precaution, clients are advised to consult with counsel regarding all contemplated international travel by H-1B workers until implementation and guidance are further clarified. Gunster’s Immigration Practice Group continues to closely monitor this fluid situation.
Executive Order – The Gold Card
Also on September 19, 2025, President Donald J. Trump’s Administration issued an Executive Order announcing the creation of a new immigration pathway termed the “Gold Card.” This program would allow individuals to obtain lawful permanent residency by making an unrestricted monetary gift of $1,000,000 for individuals donating on their own behalf or $2,000,000 for a corporation or similar entity donating on behalf of an individual.
In addition to submission of the requisite gift, Gold Card applicants will also be required to follow the filing procedures to be set within 90 days of the date of the executive order by the Departments of Homeland Security and State, including the limits on the number of available visas, the date in which applicants (or sponsors if applicable) may begin to submit gifts for consideration under the Gold Card program, as well as associated expedited processes and application administrative / filing fees.
These developments are also rapidly evolving, and Gunster’s Immigration Law Group is closely monitoring agency guidance and implementation.
Should you wish to receive timely updates and further information concerning these and other Immigration matters, please contact Gunster’s Immigration Law Practice.
[1] See Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers – The White House (September 19, 2025).
[2] See Joseph B. Edlow, USCIS Director, Memorandum: Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, H-1B, USCIS (September 20, 2025) https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf.
[3] See CBP on X: "Let’s set the record straight: President Trump’s updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025 are not affected…” https://t.co/stnowvu1Sd" / X
[4] See H-1B FAQ | USCIS.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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