Updates Regarding Presidential Proclamation Impacting H-1B Workers: One Week Later

Following the Presidential Proclamation issued on September 19, 2025, Pryor Cashman has continued to closely monitor developments, but a number of questions remain unresolved.

What We Know As Of September 26

In addition to the U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) memoranda issued on September 20, 2025, prior to our first alert, the White House, USCIS, CBP, and the U.S. Department of State have issued further guidance including fact sheets and FAQs.

Under the guidance so far, CBP has admitted H-1B workers with approved petitions filed prior to September 21, 2025, and holding valid H-1B visas. CBP has also admitted visa-exempt Canadian nationals at the border pursuant to H-1B petitions filed before September 21, 2025.

In addition, U.S. embassies and consular posts are issuing H-1B visas to individuals who either (i) are renewing their H-1B visa or (ii) are applying for an initial H-1B visa based on USCIS approvals for petitions filed prior to September 21, 2025.

In the days since the Presidential Proclamation and the release of additional guidance by the various government agencies, some employers have proceeded to file H-1B petitions for extensions, amendments, and changes of employer. These filings have been accepted and are currently pending with USCIS. It remains to be seen how these cases will ultimately be adjudicated.

Questions Remain

Despite the additional guidance, as well as continued visa issuance and admissions of H-1B visa holders to the U.S., questions remain how H-1B cases filed after September 21, 2025, will be treated. Specifically, it is unclear whether USCIS will issue Requests for Evidence (RFEs) asking for proof of payment of the newly announced $100,000 fee. As of now, there is no mechanism in place for employers to pay this fee.

It is also unclear whether approved cases filed after September 21, 2025, will face challenges at additional levels. Even if no RFE is issued during the adjudication of a petition, it remains uncertain whether the $100,000 fee will be levied/collected at a later stage—for example when employees with post–September 21, 2025, petitions travel internationally and seek to apply for an H-1B visa at a U.S. embassy or consulate.

The proclamation indicates that it will issue future guidance regarding the potential misuse of B visas by beneficiaries of approved H-1B petitions with start dates prior to October 1, 2025. We anticipate that any forthcoming guidance will seek to limit the use of B visas to enter the United States as a means of circumventing the new $100,000 fee—specifically by entering in B status and subsequently filing a change of employer petition to transition to H-1B status from within the United States.

Next Steps

Pryor Cashman continues to work toward getting precise clarification on the implementation and scope of the new fee.

Clients need to be aware that the information above is subject to change. In the absence of clear guidance from the government, it is strongly advised that both H-1B workers and employers consult their Pryor Cashman attorney before making international travel plans or decisions affecting H-1B employees.

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Partner Erica Allegretta was a contributing author to this client alert.

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