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.

Employers with workers on employment-based visas, such as H-1B and L-1, could face workforce disruptions after the Department of State (DOS) announced that Non-Immigrant Visa (NIV) applicants should schedule visa interview appointments in their own country of nationality or residence, with limited exceptions, effective Sept. 6, 2025.

If an NIV applicant’s application is based on their residency, they must be able to demonstrate residency in that country.

In addition, the DOS guidance lists designated embassies and consulates where nationals can apply if no U.S. consular posts in their own country of nationality or residence conduct NIV operations.

With this updated guidance, DOS has effectively curtailed NIV applicants’ common practice of scheduling their visa appointments in a “third country” — that is, a country of which they are neither a national nor a resident. This practice accommodated many applicants who found it cumbersome to travel back to their home country due to conflicts in travel schedules, distance, or other reasons.

DOS noted that existing visa appointments will “generally” not be canceled. It cautioned that applicants who still choose to apply outside their country of nationality or residence will likely experience longer wait times for an appointment.

Applicants should check embassy and consulate websites for detailed information about visa application requirements and procedures and operating status and services.

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

Key Takeaways

  • The U.S. government has begun “continuous vetting” of more than 55 million valid visa holders — a process that could result in revocations and deportations if violations are found.
  • The initiative applies broadly to all visa categories, including employment-based, student and visitor visas.
  • Employers should prepare for potential workforce disruptions, maintain compliance and proactively support visa-dependent employees.

The Trump administration announced that the State Department will systematically review 55 million individuals currently holding U.S. visas for violations of entry or residency requirements. This marks the first time such a sweeping review has been applied to people with previously approved visas, rather than just to new applicants. The initiative, referred to as “continuous vetting,” draws on government databases, law enforcement records (both in the U.S. and from the individual’s home country) and online activity to identify potential violations. Grounds for action may include immigration overstays, unauthorized employment, criminal activity, security risks or broader public safety concerns. Once flagged, a visa holder could see their status revoked and, if present in the U.S., face deportation proceedings.

As part of this program, visa applicants and visa holders will be subjected to social media vetting with officials looking for “any indications of hostility toward the citizens, culture, government, institutions or founding principles of the United States.” According to administration officials, the review is intended not only to enforce compliance but also to deter individuals who may seek to exploit U.S. visas for non-permitted purposes. The effort is being presented as a central part of a broader immigration crackdown, which includes stepped-up deportations and tighter restrictions on certain categories of work visas. Thousands of student visas were revoked under a similar review in May of this year over purported national security concerns, and officials suggest similar actions could be taken across other visa categories. The student visa revocations resulted in numerous legal actions due to inaccurate revocations based upon faulty data that was not validated before the revocations occurred.

Practical Steps Employers Can Take

For employers, this marks a significant shift: Lawful visa status no longer guarantees stability. Even employees holding valid visas may be subject to sudden review, creating potential disruption to business operations. While the scope of the initiative is still unfolding, there are practical steps employers can take now.

  • Review workforce metrics as a key first step — keeping an updated roster of all foreign national employees, broken down by visa category, can help identify areas of risk.
  • Strengthen compliance protocols by ensuring that all immigration records, I-9s and sponsorship filings are accurate and up to date.
  • Develop contingency plans for critical roles is equally important, as it can minimize disruption if a visa revocation occurs unexpectedly.
  • Communicate proactively with employees who may be concerned by the news of broad-based vetting, providing reliable information channels.
  • Work with immigration and employment counsel to design protocols that allow employees to self-report any potential legal issue that could cause a visa revocation, giving employers a chance to address these issues proactively.

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

Impacted Venezuelan nationals will need to acquire an alternative immigrant status and work authorization in order to remain in the U.S.

The Department of Homeland Security (DHS) announced on Sept. 5, 2025, that DHS Secretary Kristi Noem is terminating the 2021 designation of Venezuela for Temporary Protected Status (TPS). The termination will be effective starting 11:59 p.m., local time, on Nov. 7, 2025. Originally, the 2021 designation for Venezuela was set to expire on Sept. 10, 2025.

Further, DHS automatically extended the validity of certain Employment Authorization Documents (EADs) that were previously issued pursuant to the 2021 TPS designation through Nov. 7, 2025. However, after Nov. 7, 2025, Venezuelan nationals who were granted TPS under the 2021 designation will no longer hold Temporary Protected Status and will no longer have valid U.S. work authorization.

According to a Notice posted by DHS in the Federal Register on Sept. 5, 2025, Secretary Noem determined that Venezuela no longer met the conditions of the 2021 designation for TPS after reviewing country conditions in Venezuela and consulting with the appropriate U.S. government agencies. The Notice indicated Secretary Noem’s decision was also based on an assessment of national interest factors including public safety, national security, immigration policy and other factors.

Venezuelan nationals impacted by this termination of the 2021 TPS designation will need to acquire an alternative immigrant status and work authorization by Nov. 7, 2025, to remain in the U.S. and continue to work uninterrupted.

A separate Venezuela TPS re-designation in 2023, with an expiration of Apr. 2, 2025, was cancelled pursuant to Secretary Noem’s notice terminating this 2023 designation on Feb. 5, 2025.

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

From work authorization revocation to TPS expiration, the Trump administration is rapidly altering the landscape of immigration laws, and employers are struggling to keep up and remain compliant. For key insights into these developments and how employers may seek to adapt, please listen to our recent podcast on these matters here.

Jackson Lewis attorneys are monitoring these developments and available to answer questions related to compliance in this changing landscape.

As predicted following its passage and signing into law in early July, the One Big Beautiful Bill Act (OBBA) has resulted in a surge in job applications at Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Following that funding approval, hiring and training of sufficient personnel is the Trump Administration’s next step to fulfill its promise of increased enforcement.

OBBA provided the Department of Homeland Security (DHS) with nearly $16 billion for staffing alone. Within DHS, ICE is the agency responsible for, broadly speaking, the immigration enforcement process within the U.S., including identification, arrests, detention, and removal of undocumented individuals.

CBP is responsible for border security and protection, aiming to keep terrorists, individuals without lawful documentation, and others seeking to do harm to the U.S. from entering.

DHS’s hiring plans “promise to transform the component agencies into behemoths with prodigious and unparalleled reach—if they can actually convince the people to come work for them.”

This summer, both ICE and CBP have seen a surge in job applications. ICE received $8 billion to triple its workforce by hiring 10,000 officers and agents. It has seen 100,000 new job applications. CBP received $4 billion to hire 8,500 employees. It saw 50,000 new job applications in the period leading up to the passing of OBBA, a 40% increase from the same time period in 2024.

Heavy funding and a spike in job applications do not necessarily mean an immediate increase in enforcement, however. The Trump Administration “has imposed steep expectations on ICE to conduct 3,000 arrests a day and a million deportations by [his] first year in office,” which “is roughly double” the current pace. While ICE has been busy in 2025, the end of year numerical goals may not be met. After hire, the training of ICE officers can be lengthy and challenging, even at an increased pace and with the lowering of training requirements and protocols. At CBP, there remain questions as to whether the applicant pool will yield enough willing, qualified applicants to accept positions. The agency has historically faced challenges in filling vacant positions, including due to the requirement enacted by Congress in 2010 that CBP law enforcement personnel take and pass a polygraph exam.

Jackson Lewis attorneys will continue to monitor ICE and CBP developments. If you have any specific questions regarding these developments, please reach out to a Jackson Lewis immigration attorney.

The U.S. Citizenship and Immigration Services (USCIS) August 2025 policy memorandum on naturalization applications demonstrates the agency’s heightened scrutiny in conferring citizenship and raises questions on how newly empowered officers will conduct their review. 

Citizenship is the final step in what can be a long and complicated journey for foreign nationals seeking immigration benefits. After a period of years of holding lawful permanent residence, the length of which depends on the basis and terms of their green cards, they become eligible to apply for citizenship. 

As statutorily required, USCIS has always assessed an applicant’s “good moral character” in adjudicating citizenship requests. That assessment has generally involved a review of whether an applicant has committed certain crimes, including “aggravated felonies,” and disqualifying misconduct. In the absence of such offenses, applicants have generally been judged to possess “good moral character.”

The August 2025 policy memorandum changes that approach. USCIS’s evaluation now will involve “more than a cursory mechanical review focused on the absence of wrongdoing.” Rather, it will make a “holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.” In other words, citizenship applicants will not be considered to possess “good moral character” simply by pointing to a clean criminal record. They must “demonstrate[e] how their life aligns with a pattern of behavior that is consistent with the current ethical standards and expectations of the community in which they reside.”

Among the positive factors USCIS will assess are “community involvement, family caregiving, educational attainment, stable and lawful employment history, length of lawful residency in the U.S. and compliance with tax obligations and financial responsibility.”

Conversely, if applicants have committed or engaged in “controlled substance violations, multiple DUI convictions, false claims to citizenship, unlawful voting, or ‘any other acts that are contrary to the average behavior of citizens in the jurisdiction where aliens reside,’” they may be disqualified.

This new, increasingly subjective approach and lower standard for disqualification have raised questions and concerns as to how USCIS will assess “good moral character” and adjudicate naturalization applications. It is possible that inconsistent and unpredictable adjudications may result from this updated approach.

Jackson Lewis attorneys are closely monitoring USCIS policy and trends and will continue to provide updates. If you have any specific questions regarding these developments, please reach out to a Jackson Lewis immigration attorney.

The U.S. Citizenship and Immigration Services (USCIS) February 2025 policy memorandum and July 2025 policy manual update highlight the agency’s intensified immigration enforcement efforts.

Generally, USCIS will no longer exempt classes or categories of foreign nationals from potential enforcement except in the exercise of prosecutorial discretion. One update describes the circumstances under which USCIS issues Notices to Appear (NTAs). An NTA is a charging document that instructs foreign nationals to appear before an immigration judge and that commences removal (deportation) proceedings and referrals to Immigration and Customs Enforcement (ICE).

The update states that USCIS will now also issue NTAs in the following circumstances:

  • When required by statute or regulation, such as following termination of conditional permanent resident or refugee status.
  • In cases involving foreign nationals who have been arrested, charged with or convicted of a criminal offense once a benefit request has been denied or withdrawn, so long as they are not subject to mandatory detention.
  • In cases involving substantiated fraud or material misrepresentation upon adverse action of the benefit request or other unfavorable determination or action.
  • When a foreign national has no other lawful immigration status or authorization to remain in the United States upon denial or withdrawal of temporary protected status (TPS) after following procedures in the applicable regulations, where required, unless there is sufficient reason to delay issuance of or not issue the NTA.
  • When a foreign national has no other lawful immigration status or authorization to remain in the United States, upon issuance of an unfavorable decision of a benefit request.
  • In other special circumstances, such as following expiration or termination of parole if the foreign national is not lawfully present in the United States.
  • Upon issuance of an unfavorable decision when the beneficiary of an employment-based petition is not lawfully present or is otherwise removable and was the signatory on the I-129 petition.

The updated policy has led to an increased issuance of NTAs, including to H-1B workers within the 60-day grace period following termination of employment, undermining the regulations at 8 CFR 214.1(l)(2).

USCIS also clarified that beneficiaries of family-based petitions may be issued an NTA if they are otherwise removable, since a family-based immigrant petition accords no immigration status or relief from removal, notwithstanding that, in some cases, such beneficiaries may be eligible to adjust status. For example, a foreign national who has filed for adjustment of status (applied for a green card) based on marriage to a U.S. citizen and has overstayed their status or worked without authorization is deportable and inadmissible (not eligible to seek entry or stay in the United States) for such immigration violations. However, such violations are waived when an applicant seeks to adjust status to permanent resident based on the immediate relative relationship (such as marriage to a U.S. citizen). A similar waiver exists for adjustment of status applicants who are beneficiaries of employment-based petitions and have overstayed status, worked without authorization, or violated the terms and conditions of admission, so long as the aggregate period of violations is 180 days or fewer, among other requirements. As such, the updated USCIS policy undermines such waivers of inadmissibility.

Jackson Lewis attorneys are closely monitoring USCIS policy and trends and will continue to provide updates. If you have any specific questions regarding these developments, please reach out to a Jackson Lewis immigration attorney.