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Presidential Proclamation Targets H-1B Workers

UPDATED: Sunday, September 21, 2025 (5 PM PDT).

On September 19, 2025, the White House issued a Presidential Proclamation imposing a $100,000 fee on H-1B petitions filed by employers on or after September 21, 2025 and restricting the entry of H-1B visa holders unless the underlying petition is accompanied or supplemented by a payment of $100,000.

On September 20, hours before the proclamation was to take effect, United States Citizenship and Immigration Services (USCIS) issued a memo stating the following:

  • • The proclamation imposing the $100,000 fee only applies prospectively to petitions that have not yet been filed.
  • • The proclamation does not apply to foreign nationals who:
    • · are the beneficiaries of petitions that were filed prior to the effective date of the proclamation (September 21, 2025),
    • · are the beneficiaries of currently approved H-1B petitions; or
    • · are in possession of validly issued H-1B non-immigrant visas.
  • • The proclamation does not impact the ability of any current visa holder to travel to or from the United States.

On Sunday, September 21, initial reports confirmed that current H-1B visa holders were admitted to the U.S. and not denied entry pursuant to the order. On Sunday, September 21, 2025, the U.S. Department of State also published a notice adding that the order: “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.”

Travel

H-1B workers and family members in H-4 status who plan to travel internationally are advised that this is an evolving situation subject to change on short notice.

  • • H-1B workers currently in the U.S. who need to apply for a new visa may wish to postpone travel until more information is available regarding implementation of the order and should consult with immigration counsel prior to departing the U.S.
  • • H-1B workers outside the U.S. planning to enter the U.S. with a valid H-1B visa and petition issued prior to the effective date should be admitted pursuant to the USCIS memo available here; this memo has also been referenced by Customs and Border Protection (CBP) officials.
  • • H-1B workers outside the U.S. with valid H-1B petitions and upcoming visa appointments should be able to attend appointments and obtain visas according to the Department of State notice.

Impact on New H-1B Petitions

Various news outlets and administration officials have commented elsewhere (and unofficially) that the proclamation will apply to H-1B petitions filed pursuant to the FY 2027 H-1B cap lottery (i.e., the lottery that will be conducted in March 2026). However, this is not at all clear from the proclamation itself. The text of the proclamation does not distinguish between new H-1B visa applicants and current H-1B visa holders. Moreover, the imposition of such a fee on any H-1B petition without following the regulatory process of providing public notice and opportunity to comment will face legal challenges. Legal challenges to the order have already been filed.

It remains unclear which H-1B petitions will be impacted and whether employers requesting extensions of H-1B status, requesting a change of H-1B employer or filing new cap-exempt H-1B petitions will be able to file such requests after September 21, 2025 without payment of the fee. There is no current process for payment of such a fee by employers.

There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. However, there is no information about how exceptions will be processed at this time.

What’s Next?

Agencies are expected to provide additional guidance, and employers may consider postponing non-urgent filings until more information is available. As legal challenges progress and agencies begin implementation, the scope of the order may change. Employers should consult with immigration counsel for advice regarding the strategy for specific cases.

The proclamation also provides that:

  • • Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
  • • The Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26
  • • The Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants. No proposed rule has been published to date.

The general information provided above is not intended as legal advice and is subject to change. Please contact your Van Der Hout representative for specific legal advice about your case.

USCIS Registration Requirements for Non-Citizens

Last updated April 14, 2025
USCIS Registration Requirement to Take Effect April 11, 2025
On March 12, 2025, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule mandating that certain non-U.S. citizens register with U.S. Citizenship and Immigration Services (USCIS) if they are not already registered. The rule is scheduled to take effect April 11, 2025.

On March 31, 2025, the American Immigration Council and partner organizations filed a lawsuit challenging the interim final rule. At the time of this writing, there is no change in the effective date.

Individuals in the U.S. who are not registered and do not have proof of inspection by an officer from their last entry (including those who are fully undocumented) should consult with legal counsel for specific legal advice. General information regarding your rights if stopped by law enforcement is available here.

What is the registration requirement?
The law requires non-U.S. citizens residing in the U.S. who are not already registered, to register with DHS.
All registered foreign nationals are required to carry proof of registration.
All foreign nationals are required to notify USCIS of a change of address by filing Form AR-11 within 10 days of moving.

Who is generally subject to the registration requirement?
The registration requirement applies to:

  • • Foreign nationals aged 14 and older: Non-U.S. citizens who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the U.S. for 30 days or longer must register before the expiration of the 30 days.
  • • Foreign national children under 14: Parents or legal guardians must register children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer. The registration must occur before 30 days are reached.
  • • Previously registered foreign national children turning 14 while in the United States: Children turning 14 must re-register and provide fingerprints within 30 days after their 14th birthday.

Who is already registered
Individuals considered to be registered already include:

  • • Lawful permanent residents (“green card” holders);
  • • Foreign nationals present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
  • • Foreign nationals admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
  • • Foreign nationals paroled into the United States, even if the period of parole has expired;
  • • Foreign nationals whom DHS has placed into removal proceedings;
  • • Foreign nationals issued an employment authorization document (EAD);
  • • Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and,
  • • Foreign nationals issued Border Crossing Cards.

Who is not considered registered?
The USCIS announcement specifically notes that the following groups are not considered to be registered:

  • • Those who entered the U.S. without inspection and admission, or admission and parole, who have otherwise not registered, i.e., those who are fully undocumented.
  • • Canadians who entered at a land port or ferry crossing and were not issued evidence of registration (Form I-94).
  • • Those who applied for immigration relief like asylum, DACA, TPS, U visas, T visas, S visas, and VAWA self-petitions, but who have not been issued evidence of that status (as listed in 8 CFR 264.1(b)).

Who is exempt from the general registration requirement?
The following individuals are considered exempt from the registration requirement:

  • • Officials of foreign governments and international organizations who have A or G visas;
  • • Native Americans born in Canada who possess at least 50% blood of the American Indian race who are present in the United States under the authority of 8 USC 1359; and,
  • • Foreign nationals who remain in the United States for less than 30 days.

Note, being exempt from the requirement entirely, as set forth above, is different than being considered to have been registered already. Most non-citizens in the U.S. who were issued an I-94 card at admission, or who possess an I-551, permanent resident card (“green card”), are already considered to be registered and do not need to take action to register. However, there are some notable instances where affirmative action must be taken to comply with the registration requirement:

  • • Non-citizen children under the age of 14 must register and appear for fingerprinting within 30 days of turning 14 in the United States.
  • • Canadian citizens entering the U.S. for business or tourism must take action to register within 30 days of admission if they were not issued an I-94 at admission.
    • • Canadian citizens entering by air should be issued an I-94 document; it is imperative to check the CBP I-94 website after admission to confirm issuance of the I-94.
    • • Canadians entering the U.S. at a land crossing or by ferry often are not issued an I-94. In this instance, the individual must register after admission if they intend to remain in the U.S. for more than 30 days. To avoid the need to register after entry, Canadian citizens entering the U.S. at a land or ferry crossing should confirm they are being issued an I-94. The fee for an I-94 is $6.00. The request for the I-94 at a land border can be made on the CBP Home Mobile Application.

How does one register?
Each individual not already considered registered must create their own USCIS Online Account. A parent or legal guardian of a foreign national under age 14 will need to set up an individual account on their child’s behalf, in their child’s name. Once the USCIS online account is created, the registrant must complete G-325R.
USCIS has published additional information about the registration requirement.

Steps include:

  • • Create USCIS Online Account
  • • Complete and submit Form G-325R online *Save form responses and/or screen shots before submitting, seek legal advice if needed, and save evidence of submission.
  • • Wait for USCIS Review
  • • Complete Biometrics, if required
  • • Download and carry proof of registration

If you require specific legal advice regarding requirements, your lawful immigration status, or prior contact with law enforcement or arrests impacting your status, please contact your legal representative.

What is the penalty for failure to comply with the registration requirement?
Those who do not comply with the registration and fingerprinting requirements will be subject to either a fine of up to $5,000 or imprisonment for up to six months, or both. Noncompliance may be considered a criminal offense. The same applies to the parents or guardians of those under the age of 14 who fail to comply.
Those who are 18 years or older must carry proof of their registration and fingerprinting at all times. Failure to do so could amount to a misdemeanor punishable by a fine of up to $5,000 or imprisonment of not more than 30 days, or both. Again, this is a criminal offense.

Important Note

Registration does not provide legal immigration status or work authorization.
For additional information, please contact your designated Van Der Hout LLP representative.

Trump Administration Issues Regional Travel Ban and Visa Restrictions

Last Updated June 5, 2025
On June 4, 2025, the Trump administration issued a Proclamation fully restricting the entry of foreign nationals from 12 designated countries, and imposing targeted visa restrictions on foreign nationals from 7 additional countries. The restrictions take effect on June 9, 2025 at 12:01 am EDT.

Fully Restricted Countries
As of June 9, 2025, entry to the U.S. on both nonimmigrant and immigrant visas is suspended for nationals of the following countries:

  • Afghanistan
  • Burma
  • Chad
  • Republic of Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Libya
  • Somalia
  • Suden
  • Yemen

Partially Restricted Countries

As of June 9, 2025, entry to the U.S. pursuant to an immigrant visa or on a B-1, B-2, B-1/B-2 (business visitor/tourist), F and M (student), and J (exchange visitor) visa is suspended for nationals from the following countries.

  • Burundi
  • Cuba
  • Laos
  • Sierra Leone
  • Togo
  • Turkmenistan
  • Venezuela

The entry suspensions apply to foreign nationals from the designated countries who:

  • 1. are outside of the U.S. on June 9, 2025 and
  • 2. do not have a valid visa on June 9, 2025.

Exceptions to Travel Restrictions
The travel restrictions do not apply to:

  • · U.S. lawful permanent residents;
  • · Dual nationals of a restricted country when the individual is traveling on a passport issued by non-restricted country;
  • · Foreign nationals traveling with a valid nonimmigrant visa in the following classifications: A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6;
  • · Any athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State;
  • · Immediate family immigrant visas (IR-1/CR-1, IR-2/CR-2, IR-5) with clear and convincing evidence of identity and family relationship;
  • · Adoptions (IR-3, IR-4, IH-3, IH-4);
  • · Afghan Special Immigrant Visas;
  • · Special Immigrant Visas for United States government employees; and
  • · Immigrant visas for ethnic and religious minorities facing persecution in Iran.

The proclamation does not apply to any individual already granted asylum, refugees already admitted to the United States, or to individuals granted withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT). Nothing in the proclamation is intended to limit the rights of an individual to seek asylum, refugee status, withholding of removal, or protection under the CAT, consistent with the laws of the United States.

Additionally, the proclamation explicitly provides that no immigrant or nonimmigrant visa issued before June 9, 2025 shall be revoked pursuant to the proclamation. However, the fact that the visa has not been revoked does not mean it is valid for entry to the U.S. after June 9, as the proclamation explicitly restricts entry as of that date.

Discretionary Exceptions

The proclamation provides for a “national interest” exemption in cases where the Attorney General or the Secretary of State finds travel would be in the national interest of the United States. A national interest exemption is discretionary. The proclamation does not specify the scope of such exemptions and the procedure to request an exemption.

Periodic Review
The Department of State, the Department of Homeland Security and the Director for National Intelligence will periodically review whether the restrictions should be continued, terminated, modified or supplemented within 90 days of the proclamation and every 180 days thereafter.
The proclamation also specifically requires the Secretary of State to determine whether travel restrictions should be imposed on nationals of Egypt.

Impact

Nationals from the designated countries should confer with legal counsel to understand the scope and impact of the travel restrictions on their unique situation prior to departing the U.S. Impacted foreign nationals who are outside of the U.S. should confer with counsel to plan return prior to June 9, the effective date of the proclamation, where feasible.

We will provide additional information as the restrictions and exemption protocols are implemented.

For additional information, please contact your designated Van Der Hout representative.