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Do Not Attempt to Enter the U.S. on H-1B Until Further Notice

On September 19, 2025, the White House issued a Presidential Proclamation fundamentally altering the H-1B program. Starting September 21, 2025, at 12:01 a.m. EDT, individuals seeking to enter the United States on H-1B status will be required to pay an additional $100,000 fee associated with their petition. This sudden change has created deep uncertainty, leaving both workers and employers without clarity on how the new requirement will be applied.

At this time, our guidance is firm: do not attempt to travel to the United States on an H-1B visa until further instructions are released.

Why You Should Not Travel Now

  1. Unclear Process – The proclamation does not explain when, where, or how the $100,000 payment must be made. Attempting to travel without proof of payment could result in being denied entry.

  2. Risk of Refusal at the Border – CBP officers are tasked with enforcing the proclamation. Without clear guidelines, the safest assumption is that anyone arriving without confirmed payment may be turned away.

  3. H-4 Dependents in Jeopardy – While H-4 dependents are not specifically mentioned, their ability to enter is tied to the H-1B principal. Families traveling together may face separation risks.

  4. Employer Limitations – Employers currently have no procedure to cover or process this new fee. Until USCIS or the Department of Labor clarifies the mechanics, companies cannot ensure compliance.

Large Employers Are Already Taking Action

We have observed that major U.S. companies have started issuing internal alerts to their employees, advising them not to travel internationally on H-1B or H-4 status at this time. Corporations are proactively warning workers that they may be stranded abroad or denied reentry if they attempt travel after the September 21 deadline. This confirms the seriousness of the situation and highlights the urgent need for caution.

Recommended Actions

  • Remain in the U.S. if you are already here. Avoid all international travel until there is clarity.

  • Do not attempt reentry after September 21, 2025. The risk of being denied at the port of entry is high.

  • Consult your attorney before making any travel or employment decision.

  • Employers should pause H-1B travel for employees until formal instructions are published.

Conclusion

This is an unprecedented shift in employment-based immigration policy. Until clear procedures are issued, the risks of traveling on H-1B status far outweigh any potential benefits. H-1B employees and their dependents should not attempt to enter the United States at this time.

Reddy Neumann Brown PC will continue to monitor the situation and provide timely updates as developments unfold.

By: Rahul Reddy


Rahul Reddy is the founding partner of Reddy Neumann Brown PC. He founded our firm in 1997 and has over 28 years of experience practicing employment-based immigration. Rahul‘s vast knowledge of the complex immigration system makes him an invaluable resource and an expert in the field. His personal experience with the immigration system has made him empathetic to each of his clients’ cases and empowered him to help others achieve the American Dream.

Rahul‘s dedication to serving the immigrant community is evident, from his daily free conference calls to his weekly immigration Q&As on Facebook and YouTube Live. He is an active member of the immigrant community and one of the founders of ITServe Alliance. He has been a member of American Immigration Lawyers Association since 1995.