Major clarifications were provided over the weekend on the H-1B Proclamation by Mr. Edlow, USCIS Director.
- The guidance applies to H-1B petitions filed after September 21, 2025.
- The guidance only applies prospectively to petitions that have not yet been filed.
- It does not apply to:
- Beneficiaries of petitions that were filed before the effective date of the proclamation.
- Beneficiaries of currently approved petitions.
- Beneficiaries in possession of valid H-1B visas.
- The proclamation does not impact the ability of current visa holders to travel to or from the U.S.
- Individuals and companies may receive an exemption from the $100,000 fees if they can articulate a reason for a National Interest Exemption. The procedure and criteria for qualification are at this point unclear.
We will keep you updated with future developments.
Legal challenges to the ban are expected to be filed as early as Monday, September 22, 2025 However, the timing of a stay or injunction cannot be predicted with certainty, & this rule will apply while those challenges are pending a decision.
