With the new Proclamation titled “RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS” now officially set to go into effect as of 12:01 AM on September 21, 2025, many H-1B visa holders, employers, and their families are facing a period of significant confusion and concern. This new policy is designed to address what the administration views as abuses of the H-1B program and to prioritize American workers by introducing a substantial new fee and other restrictions. The following Frequently Asked Questions (FAQs) aims to provide clarity on the immediate impacts of this order and offer guidance on what you need to know now.

• When does the Proclamation titled “RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS” take effect? The Proclamation is scheduled to take effect at 12:01AM on September 21, 2025.
• How long is this restriction to be in place? The Proclamation will be in place for 12 months. It can be extended. However, the Proclamation is likely to face immediate legal challenges. The implementation of the Proclamation, or parts thereof, could be stayed by the federal courts. The U.S. Supreme Court has been critical of nationwide injunctions so it is important to carefully monitor any announced injunction as it may be limited in scope. 
• What is the purpose of the new Proclamation? It is supposed to address perceived abuses of the H-1B program by employers, particularly in the IT sector, and prioritize American workers.
• I already have a valid H-1B visa. Does this Proclamation apply to me? If you are outside the U.S., yes. The Proclamation applies universally to all H-1B visa holders regardless of prior presence in the U.S.
• I am an H-1B visa holder who is outside the U.S. Should I return to the U.S. immediately? Not unless you can return before 12:01AM on September 21, 2025. If you are unable to return before that date, you should remain outside the U.S. and immediately contact your employer. You should not attempt to return until (1) the Proclamation is lifted; (2) an injunction preventing implementation is issued; or (3) your employer can document proof of payment of the $100,000 fee. 
• What will happen if I attempt to return to the U.S. after 12:01 AM on September 21, 2025? You will be denied admission per the Proclamation. You risk being placed in expedited removal proceedings and detained by Immigration and Customs Enforcement. An expedited order of removal will trigger a five-year bar to future admission unless a waiver is granted.
• I have a valid B1/B2 visa. Can I use this visa to enter the U.S.? Technically, you could seek to enter with your B1/B2 visa, but this is risky. You cannot work in the U.S. on a B1/B2 visa. You also cannot use your B1/B2 visa to bypass the restrictions of the Proclamation (i.e. seek a change of status to H-1B). You could be found to have made a material misrepresentation, which will trigger a permanent bar to future admissions and immigration benefits. If you attempt to enter with a B1/B2 visa, be prepared for secondary inspection and to document the purpose of your trip, duration of stay, and ability to pay for your expenses without working. You should have return travel booked. 
• I am currently in the United States. Does the Proclamation impact me? No. The new Proclamation does not apply to foreign nationals in the U.S. in H-1B nonimmigrant status as well as those seeking to change their status to H-1B or seeking an extension of H-1B status. However, you should cancel any upcoming plans for international travel for the foreseeable future.
• Are there any exceptions to the Proclamation? Yes. There is an exception for individual aliens, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in her discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States. However, no further guidance was provided.
• Does the Proclamation impact spouses and children of H-1B visa holders? No. The Proclamation does not apply to H-4 dependents, regardless of whether they are in the U.S. or abroad. 

Navigating the complex and ever-changing landscape of immigration law can be daunting, especially in the wake of significant new policies like this Proclamation. At Cohen, Tucker + Ades, our experienced immigration team is dedicated to helping individuals and businesses understand their options and chart a clear path forward. We specialize in providing comprehensive guidance on a wide range of immigration matters, from corporate solutions for employers to individual and family-based petitions. With the threat of expedited removal and a permanent bar to admission for those outside the U.S., it’s more crucial than ever to seek professional counsel. Our firm can help you assess your unique situation, prepare for potential challenges, and explore available legal remedies to protect your rights and your future in the United States.

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