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12:01 a.m. Eastern Daylight Time on Sept. 21, 2025 (which was 10:01 p.m. Mountain Daylight Time on Sept. 20, 2025).

According to the presidential proclamation, the entry restriction will be in place for 12 months starting on Sept. 21, 2025.

The restriction will ONLY apply to H-1B petitions filed by employers with the USCIS on or after 12:01 a.m. Eastern Daylight Time (EDT) on Sept. 21, 2025.

For all H-1B petitions filed on or after Sept. 21, 2025, the proclamation restricts the approval of new H-1B petitions for individuals outside of the United States and issuance of new H-1B visas at U.S. consulates and embassies abroad based on those petitions unless the employer has paid the $100,000 fee (or an exemption applies).

No. The restriction does not apply to individuals who are already in the United Status in valid H-1B status.�� This means that:

• You are not required by the proclamation to depart the U.S. if you are in the United States in H-1B status.
• Your employer is not required by the proclamation to pay the $100,000 fee for you to remain in H-1B status.

No. The USCIS policy guidance clarifies that the restriction requiring payment of the $100,000 fee does not��apply to individuals who currently have a valid H-1B visa or are currently the beneficiary of (the employee who benefits from) an approved H-1B visa petition. Contact your ISSS advisor if you have any questions.

Communicate with your ISSS advisor.

Yes. The USCIS policy guidance clarifies that the $100,000 fee requirement does not apply to individuals who are beneficiaries of H-1B petitions that were approved prior to Sept. 21, 2025. Please contact your ISSS advisor before making travel plans.

No. The proclamation does not impact H-1B petitions filed prior to Sept. 21, 2025. The policy guidance clarifies that if a H-1B petition was filed prior to Sept. 21, 2025, even if it is approved after that date, the $100,000 fee requirement does not apply.

The proclamation does not distinguish between cap-subject and cap-exempt employers. As the proclamation is written, the restriction applies broadly to all H-1B petitions and entries, including those filed by academic institutions, research organizations, and other cap-exempt employers.

An exception only exists if the U.S. Secretary of Homeland Security determines that it is in “the national interest” to have the H-1B visa holder employed in the United States and doing so “does not pose a threat to the security or welfare of the United States.”

The U.S. Secretary of Homeland Security will grant an exception to payment of the $100,000 fee in “extraordinarily rare” circumstances, when an employer demonstrates that all the following conditions are met:

• The secretary determines that the presence of a particular individual in the United States as an employee in H-1B status is in the national interest; and
• No “American worker” is available to fill the position; and
• The individual does not pose a threat to the security or welfare of the United States; and
• Requiring the petitioning employer to make the $100,000 payment would significantly undermine the interests of the United States.

No. The “FAQ H-1B” and the updated website from the federal government state that the $100,000 fee does not apply to applications filed by employers to extend or amend an employee’s H-1B status.

No. According to the��, the $100,000 fee does not apply if the individual being sponsored for H-1B status is in the United States in a valid nonimmigrant status (such as F or J) and USCIS approves a change of status to H-1B, even if the employee later applies for an H-1B visa at a U.S. consulate or embassy abroad.

It is unclear how and if the presidential proclamation impacts dependents of H-1B visa holders or applicants. The USCIS policy guidance suggests that dependents of individuals who are eligible for H-1B status based upon petitions pending on or approved before Sept. 21, 2025, should be eligible to apply for H-4 visas and/or enter the United States without payment of the $100,000 fee. Please contact��your ISSS advisor.

University of Colorado is working on guidance and will be shared once available. No payment of the $100,000 from any source will be processed until guidance is issued.

No. The proclamation does not cancel or invalidate H-1B visas that are already valid. If you currently hold an H-1B visa in your passport, that visa remains valid through its expiration date.

No. The proclamation specifically references H-1B specialty occupation workers. No additional visa categories are referenced.