The past 48 hours have been filled with confusion surrounding the Presidential Proclamation issued on September 19, 2025, entitled “Restriction on Entry of Certain Nonimmigrant Workers”. Initially, the proclamation appeared to require a $100,000 payment for any H-1B worker outside the United States to reenter starting at 12:01 a.m. EDT on September 21, 2025, leading to widespread alarm among professionals and employers alike.

Clarifications from the government

Subsequent guidance has now clarified how the proclamation will be applied:

• September 20, 2025 — USCIS memorandum: USCIS confirmed that the proclamation applies prospectively only to petitions filed after 12:01 a.m. EDT on September 21, 2025. It does not apply to petitions already filed, to already-approved petitions, or to individuals with valid H-1B visas. Current H-1B holders may continue to travel internationally without being subject to the new fee.

• September 21, 2025 — USCIS FAQ: USCIS reiterated that the $100,000 payment must accompany any new H-1B petition submitted after the effective date, including filings for the FY-2026 lottery. The fee is one-time for new filings and does not apply to renewals.

• September 21, 2025 — U.S. Department of State guidance: Consular posts confirmed they will only issue H-1B visas where the employer’s petition is accompanied by the $100,000 payment, but no existing visas have been revoked under the proclamation.

What this means in practice

In short, current H-1B visa holders are not subject to the $100,000 reentry fee. They may travel internationally and reenter the United States under the terms of their existing visa and petition. The new fee applies only to petitions filed after the effective date, including those in next year’s H-1B lottery cycle.

LOIGICA®’s perspective

At LOIGICA®, we recognize the disruption that the initial announcement caused. Our role is to bring clarity in the midst of uncertainty. While the proclamation remains a significant policy shift—transforming new H-1B filings into a costly endeavor—the immediate risk to current visa holders has been neutralized by USCIS and DOS guidance.

Still, the future of employment-based immigration remains uncertain, and employers planning to file new H-1B petitions should begin preparing now for the financial and legal implications. Our attorneys are closely monitoring updates and advising both companies and professionals on how best to adapt.