Updates to H-1B Presidential Proclamation Message

This information is current as of September 22, 2025 at 5:15 p.m.  We want to share the most updated information on a recent Presidential Proclamation that affects the H-1B visa. Below is a summary of the key points of the original Proclamation issued on September 19, the subsequent clarifications from the White House (WH), U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP) regarding its implementation (posted on September 20 and 21), and our current understanding of the impact, as well as the actions you may need to take after considering your personal circumstances. Summary of the Proclamation  On September 19, 2025, the White House issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” Here are the primary points of the Proclamation:
  • It restricts entry into the U.S. of nonimmigrant workers under the H-1B visa category (specialty occupation workers) if a payment of $100,000 does not accompany their employer-sponsored petitions (see further agency clarification below on this point).
  • The restriction only applies to individuals currently outside the U.S. who will apply to enter the U.S. in H-1B status (see further agency clarification below on this point).
  • The Department of State will only approve the H-1B visas for which the filing employer has made the payment of $100,000.
  • The effective date of the restriction is 12:01 a.m. Eastern Daylight Time on September 21, 2025. The restriction will be in effect for 12 months, starting from its effective date, unless extended by further WH action.
  • Other changes include steps to revise prevailing wage levels and adjust policy to favor higher-paid, higher-skilled applications.
USCIS created a FAQ page to add clarity (Sunday, September 21): H-1B FAQ | USCIS Updated Guidance on the Proclamation from USCIS and CBP (September 20, 2025) Since the Proclamation was issued, the WH, USCIS, and CBP have provided important clarifications on the scope and implementation of this Proclamation. According to this updated guidance:
  • The Proclamation applies only to prospective H-1B petitions that have not yet been filed.
  • It does not apply to:
    • Beneficiaries of petitions filed prior to the Proclamation’s effective date (12:01 a.m. EST, Sunday, September 21, 2025),
    • Beneficiaries of currently approved petitions, or
    • Individuals currently holding validly issued H-1B visas.
  • The Proclamation does not restrict the ability of current visa holders to travel to or from the United States.
  • USCIS and CBP officers are directed to adjudicate cases in a manner consistent with this latest guidance.
This clarification confirms that the Proclamation does not affect the status of current H-1B employees, nor those with petitions already filed or approved. What You Should Do Based on the Latest Updated Information:
  • All UW–Madison-sponsored H-1B employees currently outside the U.S. who already have a valid H-1B visa and whose H-1B start date is in the past or who have a start date within the next 10 days can proceed with their travel plans back to the U.S. as usual and scheduled.
  • We continue to advise caution to those H-1B visa holders currently in the U.S. regarding international travel, as this situation is rapidly evolving, and much remains unknown in the current environment.
  • Before you decide to travel internationally, please consult with your unit or department to understand the potential risks and impacts.
We will provide more guidance as further updates become available. If you have any questions, please do not hesitate to contact IFSS at 608-890-4586 or ifss@wisc.edu.