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Presidential Proclamation Imposes H-1B Restrictions
On September 19, 2025, the Trump administration issued a Presidential Proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers," affecting individuals in H-1B status. This proclamation took effect at 12:01 a.m. Eastern time September 21, 2025.
The proclamation, among other things:
- Imposes a $100,000 fee on new H-1B petitions
- States the restriction will be in place for 12 months and may be extended
- Requires the Department of Labor to issue rulemaking to revise the prevailing wage levels
- Requires the Department of Homeland Security to issue rulemaking to prioritize the admission of highly skilled and high-paid workers in the H-1B program
- Requires the Department of State to issue guidance to prevent the misuse of B visitor visas to circumvent the proclamation
On September 20, 2025, the White House issued a statement to clarify the impact and scope of the Presidential Proclamation. Separately, Citizenship and Immigration Services and Customs and Border Protection issued memoranda to address the impact of the proclamation. On September 21, 2025, Department of State issued their own guidance with regards to visa issuance at consulates and embassies abroad.
While the statement and memos leave many questions unanswered, there are a few items that are consistent, including:
- The proclamation only applies to future H-1B petitions, it is not retroactive.
- The proclamation does not affect current H-1B visa holders who already have approved petitions. These individuals will be able to extend or amend their H-1B status.
- Individuals with current H-1B status may continue to use their H-1B visa to enter the U.S. after travel abroad.
Many important details about the exact impact of the proclamation are not yet clear. Further clarification is needed on some issues, including:
- How the proclamation applies to new cap-exempt H-1B petitions, i.e., H-1B petitions filed by institutions of higher education like NIU
- Whether the $100,000 fee is a one-time fee or if it must be paid with each petition
- Whether this proclamation will only apply to employers submitting new H-1B petitions on behalf of individuals outside the U.S.
We hope further guidance from relevant agencies will be forthcoming. We will continue to monitor developments and will update this announcement as needed. We remain committed to supporting NIU’s international students, scholars and employees.
-NIU International Student and Scholar Services