President Donald Trump signed a proclamation last week, “Restriction on Entry of Certain Nonimmigrant Workers,” purportedly to reduce the use and abuses of the H-1B non-immigrant classification and adjust the prevailing wage threshold in order to prioritize petitions for highly compensated and highly skilled H-1B workers.
While the situation is fluid, here is what we know:
- The proclamation became effective Sept. 21. The Department of State, U.S. Customs and Border Protection, United States Citizenship and Immigration Services and the White House have issued explanatory guidance/memos/FAQs after the proclamation was issued. The White House press secretary and White House Rapid Response team also tweeted about the scope of the proclamation.
- The proclamation states that the entry of H-1B workers is restricted until the petition is “accompanied or supplemented” by a payment of $100,000 and that DHS shall restrict decisions on H-1B petitions for workers outside of the U.S. unless accompanied by the $100,00 fee for a 12-month period after the effective date.
- As of this writing, the federal government has not announced how/where to pay the fee.
- The Department of Homeland Security may grant “national interest” exemptions to employers and individual petitions.
- The State Department is directed to scrutinize B visa use for H-1B beneficiaries whose employment starts before Oct. 1, 2026.
- The proclamation is intended to affect the H-1B lottery in March 2026.
Per subsequent guidance, the proclamation:
If traveling internationally, H-1B workers ought to exercise caution. In addition, foreign nationals and employers may want to consider alternatives to the H-1B, such as other temporary work visa categories and petitions for permanent residence.
The new policy is poised to generate a substantial shift in the H-1B lottery program.
Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.
[View source.]
