Contributors

Friday afternoon President Trump issued an Executive Order on Restricting the Entry of Certain H-1B Nonimmigrants.  Below we provide a summary. As you review, please understand that this information was released late Friday, and that there has been no additional guidance yet provided. It could be that the below information or guidance changes as we receive more information. We will keep you apprised of changes as we receive news of same.  

Effective Date of Executive Order 

The Executive Order is Effective September 21 (12:01 AM) EST   

Summary of Executive Order  

The Executive Order restricts entry (or re-entry - which is unknown at this time) of H-1B holders for whom a newly announced $100,000 payment has not been made.  It appears the Executive Order applies to H-1B workers who are currently outside the U.S.  It may also impact those who leave and attempt to re-enter.  It may also impact H-4 dependents. As of the writing of this alert, it appears the executive order does not impact USCIS filings such as extensions of stay, amended petitions, or change of employer petitions filed within the U.S.  Specifically, the Executive Order provides the following:  

  1. Restricts entry for H-1B nonimmigrants, for 12 months, unless their petition is accompanied by a $100,000 payment.  
  2. Directs the Secretary of State to issue guidance to prevent misuse of B visas by beneficiaries of approved H-1B petitions that have an employment start date prior to October 1, 2026. 
  3. Directs the Secretary of Homeland Security to restrict approvals for petitions from H-1B holders currently outside the U.S. that are not accompanied by the $100,000 payment.  
  4. Requires employers retain documentation of the $100,000 payment remittance, requires the Secretary of State to verify payment during the petition process and requires Departments of State and Homeland Security to deny entry for an H-1B worker because of non-payment of the $100,000. 
  5. Requires the Departments of Labor and Homeland Security to issue joint guidance for verification, enforcement, audits, and penalties. 
  6. Directs the Labor Secretary to initiate rulemaking to revise the prevailing wage levels for the H-1B program and directs the Secretary of Homeland Security to initiate rulemaking to prioritize high-skilled, high-paid H-1B workers.  

Impacts to Employees and Action Requested  

  1. If you are an H-1B worker and you are inside the U.S.:

    Action Required:  Do Not Make Travel Plans; Do NOT Leave the U.S. (until further notice).  If you leave the U.S., you do so at your own risk. Understand that you may not be able to re-enter the U.S. if you leave at this time. 
     
  2. If you are an H-1B worker and you are outside the U.S. with a valid visa:

    Action Required:  Return to the U.S. ASAP (Saturday September 20) 
    H-1B workers currently located outside the U.S. (whether for vacation or for business), are strongly encouraged to return to the U.S. ASAP, on Saturday, September 20, 2025, before 12:01 AM EST September 21. 
     
  3. Exemptions:

    The Executive Order indicates that case-by-case exemptions may be permissible for individuals, companies, or industries where the H-1B employment is found to be in the national interest and where the employment does not pose a threat to U.S. security or welfare.  Criteria for what qualifies as in the “national interest” for these purposes is unknown.   
     
  4. Conclusion:

    Because the information above was released late Friday afternoon, it could be that we receive further guidance over the weekend or on Monday. We will continue to share updates.