U.S. Immigration Alerts

Additional Guidance on the Trump Administration’s H-1B Proclamation

FGI is following up on our Alert dated September 19, 2025, with additional guidance for employers and foreign nationals with respect to the Trump Administration’s proclamation that significantly changes the H-1B visa program. 

• Review: On Friday, September 19, 2025, President Donald Trump issued a proclamation announcing a major overhaul of the H-1B visa program. The proclamation takes effect at 12:01 a.m. Eastern Time on Sunday, September 21, 2025.
• Entry Restrictions: Beginning 12:01 a.m. Eastern Time on September 21, 2025, H-1B employees outside the United States will be denied entry unless their employer has paid a new $100,000 fee per employee, as specified in the proclamation.
• Duration of Restriction: The restriction will remain in effect for 12 months and may be extended based on recommendations from federal immigration agencies. An extension would continue the ban for foreign nationals with an FY 2027 H-1B cap petition approval.
• Employer Compliance: Employers must retain proof of the $100,000 payment and provide documentation as part of the petition process.
• Travel Advisory: Fakhoury Global Immigration (FGI) strongly advises H-1B visa holders not to travel outside the United States, as doing so may jeopardize their ability to apply for a visa and re-enter the country.
• Return Deadline: FGI further recommends that H-1B visa holders return to the United States before midnight on September 20, 2025.
• Possible Exemptions: The proclamation allows the Secretary of Homeland Security to grant exemptions if the hiring of a foreign worker is determined to be in the national interest and does not pose a threat to U.S. security or welfare.
• Wage and Admission Priorities: The proclamation directs the Secretary of Labor to begin rulemaking to revise prevailing wage levels under the H-1B program. It also requires the Department of Homeland Security to prioritize admissions for highly skilled and high-paid foreign workers.
• Further Guidance Expected: The Departments of Homeland Security, State, and Labor will issue additional guidance and commence rulemaking to implement the proclamation’s directives on prevailing wage revisions and admission prioritization criteria.

Fakhoury Global Immigration is monitoring these developments very closely and will provide further updates as warranted. Should you have any questions, please contact your immigration attorney or FGI at info@employmentimmigration.com or (+1) 248.643.4900.