USCIS has released guidance on President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” introducing a new $100,000 fee requirement for certain H-1B nonimmigrant visa petitions.

USCIS on Oct. 20, 2025, issued guidance clarifying which petitions are subject to the Proclamation’s new requirements, how and when the $100,000 payment must be made, and the limited circumstances under which exceptions may be granted.

Who Is Subject to the $100,000 Payment

According to USCIS, the Proclamation applies to new H-1B petitions filed on or after 12:01 a.m. (ET) on Sept. 21, 2025, if they are filed:

  • On behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.
  • Requesting consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the United States.
  • Requesting a change of status, amendment, or extension of stay, and USCIS determines the beneficiary is ineligible for the requested change or extension (e.g., is not in a valid nonimmigrant visa status or if the beneficiary departs the United States prior to adjudication of a change of status request).

Who Is Exempt

USCIS explains that the Proclamation does not apply to:

  • Petitions filed prior to 12:01 a.m. (ET) on Sept. 21, 2025.
  • Beneficiaries of previously issued and currently valid H-1B visas.
  • Petitions requesting a change of status, amendment, or extension of stay for a beneficiary inside the United States, and USCIS grants such request. Beneficiaries of such approved petitions who later depart the U.S. and apply for a visa based on the approved petition or seek to reenter the U.S. on a current H-1B visa will not be subject to the payment.

How and When to Pay

  • The $100,000 payment must be made prior to filing the petition.
  • USCIS requires petitioners to submit the $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176.
  • Petitioners must submit proof of payment or evidence of an exception granted by the secretary of homeland security at the time of filing the H-1B petition.
  • Petitions subject to the $100,000 payment filed without the proof of payment or evidence of an exception will be denied.

Exception Criteria

USCIS may grant exceptions in extraordinarily rare circumstances where the secretary has determined that:

  • The alien worker’s presence is in the United States as an H-1B worker is in the national interest;
  • No American worker is available to fill the role;
  • The alien worker does not pose a threat to the security or welfare of the United States; and
  • Requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.

Petitioners may submit exception requests and all supporting evidence to H1BExceptions@hq.dhs.gov.

To date, there have been two separate lawsuits filed challenging the legality of the Proclamation. Those lawsuits are in the early stages and raise the possibility the Proclamation could be stayed or ultimately found unlawful.

Jackson Lewis attorneys will continue to monitor these developments. If you have questions regarding the Proclamation’s impact or applicability, reach out to your Jackson Lewis attorney.

The U.S. Supreme Court denied the petition for review in Save Jobs USA v. Department of Homeland Security, No. 24-923, on Oct. 14, 2025, effectively ending a long-running legal challenge to employment authorization for certain H-4 visa holders — spouses of H-1B visa holders. The outcome maintains the status quo for many H-4 visa holders currently authorized to work in the United States.

Save Jobs USA, an organization of American tech workers, filed suit challenging a 2015 Department of Homeland Security (DHS) rule that allows certain H-4 visa holders whose H-1B spouses are on the path to permanent residency to apply for employment authorization. H-4 visas are granted to dependent family members of H-1B specialty occupation workers, a category widely used in the technology, healthcare, and other sectors.

Save Jobs USA argued that DHS exceeded its statutory authority under the Immigration and Nationality Act by extending employment authorization for a visa class not explicitly authorized by Congress and that the rule harmed American workers by increasing labor market competition. The group also claimed that a circuit split existed regarding the scope of DHS’s regulatory authority, which warranted Supreme Court review.

The federal government responded that Save Jobs USA lacked standing to challenge the rule and disputed the existence of a circuit split.

The denial of certiorari leaves in place the lower court rulings that the DHS acted within its statutory authority when it promulgated the 2015 rule.

Please contact a Jackson Lewis attorney with any questions about this and other legal developments.

Without notice, E-Verify appeared back online late on the evening of Oct. 7, 2025. As of 2:00 p.m. (ET) on Oct. 8, 2025, E-Verify is still online and appears fully operable. Employers can resume submitting cases.

The E-Verify website had gone dark on Oct. 1, as expected, due to the federal government shutdown. Visitors to the E-Verify site post-shutdown were greeted with the following message:

NOTICE: Due to the lapse in federal funding, this website will not be actively managed. This website was last updated on September 30, 2025 and will not be updated until after the funding is enacted. As such, information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted. While E-Verify is unavailable, employers cannot access their E-Verify Accounts. For more information, see What’s New for employers.

Now that the site is back up, and the message no longer displayed, employers should take the opportunity to:

  • Run backlogged queries accumulated since Oct. 1
  • Without delay, enter new hires into the system
  • Close cases that can be closed
  • Address outstanding Tentative Nonconfirmations (TNCs)

Despite E-Verify being up and running, it is unclear whether SSA or DHS has the staff during the shutdown to assist employees with TNCs. E-Verify employers must submit a new hire’s information to E-Verify within three days of hire. This timeline is suspended when E-Verify is unavailable, including when it is inaccessible to a government shutdown. It is not clear when USCIS will restart the three-day submission clock. For now, no official notice confirms the site’s returning to operation. Formal communication with instructions, including when the three-day submission clock will restart, is expected soon.

The Department of Homeland Security had announced on Jan. 26, 2024, an 18-month extension and redesignation of Syria for Temporary Protected Status (TPS). Employment Authorization Documents (EADs) expiring on March 31, 2024, Sept. 30, 2022, or March 31, 2021, were automatically extended through March 31, 2025.

Now, USCIS updated its website on Sept. 22, 2025, to confirm that Syrian TPS and TPS-based EADs are further extended through Nov. 21, 2025.

Accordingly, EADs with any of the following expiration dates are automatically extended through Nov. 21, 2025:

  • Sept. 30, 2025
  • March 31, 2024
  • Sept. 30, 2022
  • March 31, 2021

This auto-extension applies to EADs bearing category codes A12 or C19.

Employers must complete I-9 reverifications for affected employees. Employers should stay alert for notifications on expiring or revoked EADs and ensure compliance with anti-discrimination requirements.

Jackson Lewis attorneys will continue to monitor the situation and will provide updates if they become available.

On Sept. 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” (the “Proclamation”). The Proclamation requires employers to pay a $100,000 fee with any new H-1B petition for foreign workers outside the United States, effective Sept. 21, 2025. The stated purpose is to address perceived misuse of the H-1B program and protect the domestic labor market.

On Oct. 3, 2025, a coalition of immigration advocacy organizations and affected employers filed a lawsuit in federal court in the U.S District Court for the Northern District of California challenging the legality of the Proclamation. The plaintiffs include healthcare staffing companies, unions, academic associations, religious organizations, and individual workers.

The lawsuit contends that the $100,000 fee is unauthorized by statute, was implemented without required procedures, and will cause significant harm to U.S. employers, workers, and the public interest. The lawsuit alleges:

  • The Proclamation exceeds presidential authority under the Immigration and Nationality Act (INA). Plaintiffs assert that INA §§ 212(f) and 215(a) do not authorize the President to impose such a fee.
  • The $100,000 fee was imposed without notice-and-comment rulemaking, violating the Administrative Procedures Act and the Regulatory Flexibility Act.
  • The $100,000 fee is arbitrary and capricious, untethered from the actual costs of adjudicating H-1B petitions.

The complaint also details how the fee has “sparked chaos,” caused confusion, forced workers to return to the U.S. abruptly, and led employers to halt or cancel recruitment and hiring of foreign talent. Plaintiffs argue that the fee will worsen shortages in healthcare, education, and religious services, and disrupt ongoing research and innovation.

Plaintiffs seek declaratory and injunctive relief to prevent the fee from taking effect, requesting that the court:

  • Declare sections of the Proclamation and related agency policies unlawful and set them aside.
  • Enjoin enforcement of the $100,000 fee requirement as to H-1B petition adjudications, visa issuance, and admission.
  • Order agencies to process H-1B petitions under existing law, without the new fee.

Jackson Lewis attorneys will continue to monitor the lawsuit and provide updates.

The current government funding expired at the end of the fiscal year without a continuing resolution, resulting in a government shutdown. A federal government shutdown can create ripple effects across immigration processes, but the impact varies depending on the agency.

Since USCIS is fee-funded, most operations — like processing petitions and applications — continue as usual.

However, programs that depend on annual appropriations may be suspended. These include E-Verify, certain religious worker categories, and the Conrad 30 J-1 waiver program. If E-Verify is temporarily unavailable, USCIS has confirmed employers may continue using the new alternate I-9 document review process for remote hires. During the previous government shutdown, USCIS suspended the “three-day rule” for completion of E-Verify and provided follow-up guidance once E-Verify came back online.

Similarly, for the duration of any shutdown, employees will be unable to resolve Tentative Non-Confirmations. During a previous shutdown, USCIS specifically indicated that the time period for resolving Tentative Non-Confirmations will be extended and days the federal government was closed would not count toward the eight federal government workdays the employee has to go to the Social Security Administration or contact the Department of Homeland Security. Employers are advised that they may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to a federal government shutdown.

Employers that intend to sign up for E-Verify will be unable to do so during the shutdown. Federal contractors that are required to use E-Verify should contact counsel or their contracting official to determine how best to proceed during this period.

At the Department of State, visa and passport services generally continue since they are also fee-funded, although consular operations may be scaled back if fee revenue is insufficient. Customs and Border Protection inspection personnel are “essential,” so ports of entry remain open, but application processing at the border could slow.

Based on experience during past shutdowns, the Department of Labor (DOL) Office of Foreign Labor Certification likely will not accept or process applications or responses it receives, including Labor Condition Applications, Applications for Prevailing Wage Determinations, Applications for Temporary Certification, or Applications for Permanent Employment Certification. Web-based resources, including the Foreign Labor Access Gateway Portal (FLAG), likely also will be unavailable during shutdown.

State and federal wage and hour requirements aside, H-1B, H-2B, and E-3 employees who are placed on non-productive status or reduced work schedules nevertheless must continue to be paid at the full rate specified on their visa documentation. Implementation of salary reduction, reduced work schedules, or furloughs likely will trigger the need to file amended Labor Condition Applications and H-1B/H-2B/E-3 visa petitions with DOL and USCIS, respectively.

For a full overview of how a government shutdown may affect federal contractors and employers more broadly, see our special report. Our attorneys will continue to monitor the situation and provide updates.

Proclamation “Restriction On Entry Of Certain Nonimmigrant Workers,” released on Sept. 19, 2025 (the “Proclamation”), directs the Department of Labor (DOL) and Department of Homeland Security (DHS) to reform prevailing wage leveling and change the H-1B registration to a weighted selection format.

Specifically, the Proclamation’s Section 4, “Amending the Prevailing Wage Levels,” includes the following provisions:

  • Sub-section (a) directs the DOL secretary to “… initiate a rulemaking to revise the prevailing wage levels to levels consistent with the policy goals of this proclamation …”
  • Sub-section (b) directs the DHS secretary to “… initiate a rulemaking to prioritize the admission as nonimmigrants of high-skilled and high-paid aliens …”

Prevailing Wage Reform

The Proclamation asserts that the H-1B program is being abused by employers by allowing lower-paid, lower-skilled workers to replace highly skilled American workers as “artificially low labor costs are incentivized by the program.”  The Trump Administration is calling on DOL to adjust the current prevailing wage levels, claiming that raising the four wage levels would stem any further abuse.

Weighted Selection During H-1B Cap Registration

DHS has taken action on the Proclamation’s second directive already, issuing a proposed rule on Sept. 24, 2025, titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” The proposed rule will be open to public comments until Oct. 24, 2025.

Highlights:

  • The rule intends to change the regulations related to the H-1B lottery, replacing the simple random drawing to a weighted selection system when the demand for these visas exceeds the 85,000 limit under current regulations.
  • Under this scheme, H-1B registrations with the highest Bureau of Labor Statistics Occupational Employment and Wage Statistics (OEWS) wage level (from Levels I to IV) are assigned more “entries” (thus, higher odds):
    • Wage Level IV: Entered 4 times
    • Wage Level III: Entered 3 times
    • Wage Level II: Entered 2 times
    • Wage Level I: Entered 1 time
  • The proposed rule does not appear to change the prevailing wage levels themselves; rather, it tilts the odds in favor of registrants with the highest OEWS wage levels.

Between the Proclamation and the proposed rule, the Administration is clearly shifting the H-1B program in favor of higher-wage, higher-skill positions.

If the rule is finalized and adopted, employers, particularly smaller ones, may struggle to adapt to higher wage structures. The rule also could reduce the share of entry-level H-1B roles.

Employers may need to reassess their budgets for H-1B sponsorship or their hiring strategies (such as making fewer hires; identifying only high-value, high-skilled roles for sponsorship; and exploring other possible work visa classifications).

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

President Donald Trump signed a Proclamation on Sept. 19, 2025, requiring a $100,000 fee for H-1B nonimmigrants seeking to enter the United States (“Proclamation”). Initial reports suggested the restriction applied broadly, including to current visa holders. Over the weekend, the White House, U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) issued guidance narrowing — but not fully resolving — the scope of the measure.

Scope of Impact

USCIS and CBP both confirmed that the proclamation does not apply to current visa holders or to those selected during the FY2026 lottery whose petitions have already been approved. H-1B holders currently inside the United States, as well as those traveling internationally with valid visas, should not be subject to the fee requirement.

Beyond that, uncertainty remains. A White House FAQ states the fee applies to “any new H-1B visa petitions submitted after 12:01 a.m. [EDT] on Sept. 21, 2025. This includes the 2026 lottery and any other H-1B petitions submitted after 12:01 a.m. [EDT] on Sept. 21, 2025.” (Emphasis supplied.) Several paragraphs later, however, the FAQ states that the Proclamation “does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.”

By contrast, USCIS’s guidance is silent on whether extensions, amendments or transfers are covered. As USCIS is the agency responsible for adjudicating petitions and determining applicable filing fees, until further clarification is issued, the possibility remains that such petitions could be impacted.

Certain White House officials have stated that the Proclamation applies only to new applicants under the FY2027 H-1B lottery and does not apply to recently filed or pending extension, amendment or change-of-employer petitions for workers already in the U.S. However, as this clarification was not provided through official channels, uncertainty remains over the fee’s applicability to these “new applications.”

Next Steps for Employers

  • Although the ability to travel internationally for H-1B employees with valid visas remains intact, employees should exercise caution. The administration has demonstrated they will take executive action with almost immediate implementation, suggesting that further orders could impact travel.
  • Prepare for potential legal challenges, which may delay or suspend the Proclamation’s implementation for FY2027 applicants.

As agencies have begun issuing clarifications, conflicting statements and silence from USCIS on key issues mean uncertainty remains. Jackson Lewis will continue to provide timely updates as further guidance develops.

On Sept. 19, 2025, President Donald Trump signed a proclamation titled Proclamation on Restriction of Entry of Certain Nonimmigrant Workers (the “Proclamation”) imposing significant restrictions on H-1B nonimmigrants seeking to enter or reenter the United States.

Though the Proclamation does not appear to make a distinction between new applicants and current visa holders, as of this writing, both Press Secretary Karoline Leavitt and the White House’s Rapid Response team have noted on their respective Twitter accounts that it does not apply to anyone who has a current visa (nor does it impact current holders ability to travel in and out of the U.S.) and only applies to applicants in the FY2027 lottery (not those who were approved during this past lottery cycle).

The Proclamation takes effect at 12:01 AM on Sept. 21, 2025, and remains in effect for 12 months. Within 30 days of the next H-1B lottery (March 2026), federal agencies will recommend whether to renew or extend the restriction.

Key Provisions:

  • New $100,000 fee: Anyone seeking to enter or reenter the U.S. in H-1B status must pay a new $100,000 fee unless there is a national interest exception. The stated purpose of the new fee is to ensure that only highly skilled individuals, who cannot be easily found in the U.S. labor market, are granted H-1B visa. The Proclamation has not provided a mechanism for payment of the fee. 
  • Duration: The restriction is set to last for one year but may be extended.
  • Who Is Affected: The Proclamation appears to only impact those H-1B workers outside the United States and attempting to enter after the effective date. H-1B workers already in the U.S. are not impacted unless they leave and attempt to reenter during the effective period. Additional clarifications from White House officials suggest this Proclamation may not apply to any current visa holders or applicants approved in the FY2026 H-1B lottery, but will apply only for future applicants in the FY2027 lottery.
  • Petition Requirements: USCIS will not adjudicate petitions for H-1B workers outside the U.S. unless proof of payment of the $100,000 fee is provided.
  • Extensions & Changes: Extensions of stay, change of employer, change of status, and amended petitions for those already in lawful H-1B status inside the U.S. appear to be exempt, unless further guidance is issued.

Additional Government Actions

  • Future Review: Within 30 days of the next H-1B lottery (March 2026), federal agencies will recommend whether to renew or extend the restriction.
  • B Visa Guidance: The Secretary of State will issue guidance to prevent misuse of B visas by H-1B beneficiaries with start dates before Oct. 1, 2026.
  • Labor Rulemaking: The Secretary of Labor will initiate rulemaking to revise prevailing wage levels and prioritize high-skilled, high-paid nonimmigrants.

Exceptions

  • Exceptions may be granted for individuals, companies, or industries if the Department of Homeland Security determines it is “in the national interest and to pose no threat to the security or welfare of the United States.” Additional exceptions may be granted, however DHS has yet to issue guidance regarding further exceptions.
  • It is unclear whether cap-exempt H-1B workers outside the U.S. are subject to the new fee and restriction.
  • The Proclamation applies only to H-1B visa holders – it does not apply to other non-immigrant visa holders including those who hold L-1, O-1, and F-1 nonimmigrant visas. The Proclamation also does not apply to individuals with pending Adjustment of Status applications or green card holders.

Best Practice Tips for Clients

  • Immediate Action: Employers are encouraged to take an inventory of employees on H-1B visa to assess the full impact of the proclamation on their workforce.
  • Travel Advisory: H-1B visa holders currently in the U.S. are advised to avoid international travel until further clarification is provided. H-1B visa holders who are currently outside the U.S. and unable to return to the United States before 12:01 AM on Sept. 21, 2025 should remain outside the U.S. until further guidance is issued. 

We anticipate that this Proclamation will be subject to swift legal challenges. It is likely that an injunction will be sought which, if entered, would stay implementation of the Proclamation while litigation proceeds.

Again, this is a fluid situation, and details and applicability set forth above may be further clarified and modified.

We are closely monitoring these developments. Jackson Lewis attorneys are available to answer questions and provide information and guidance accordingly.

The Department of Homeland Security (DHS) has proposed revising the admission period for the F (academic student) visa classification from duration of status or “D/S” to an admission for a fixed time period. This proposed change would also apply to the J (exchange visitor) and I (representatives of foreign information media) classifications.

Under the proposed rule, F and J nonimmigrants would be admitted to the United States up to the end date of the program noted in their Form I-20 or DS-2019, not to exceed a four-year period. Nonimmigrants seeking to continue their studies will be able to apply for an extension of stay with USCIS.

In addition, DHS proposes reducing the F-1 “grace” period from 60 days to 30 days. This would mean that, following the completion of their studies and any practical training, F-1 students would have only 30 days to prepare for their departure from the United States.

The proposed changes also include the following:

  • An F-1 student who has completed a program of study in the United States at one educational level cannot pursue a different program at the same or lower educational level.
  • Undergraduate F-1 students could not change their program of study or their school during their first academic year unless SEVP (Student and Exchange Visitor Program) authorizes an exception.
  • F-1 students at the graduate-level or higher cannot change their program at any point during their program of study.
  • F-1 students who wish to extend their status would need to timely file their extension of application so USCIS receives the application on or before the date the F-1 student’s authorized admission period expires.

Public comments on the proposed rule are due on or before Sept. 29, 2025. A rule would not become final until after DHS reviews public comments on the proposed rule, submits a final rule within the federal government for review, and then publishes a final rule in the Federal Register with a future effective date.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.