URGENT Client Alert: New H-1B Travel Restriction

We want to bring to your immediate attention a significant new restriction that may impact your H-1B employees.

What's Changed: Effective 12:01 AM EDT on September 21, 2025, H-1B workers entering or re-entering the United States will be required to pay a new $100,000 fee if they were sponsored for the H-1B visa on a petition filed by their employer on or after 21 September 2025. H-1B workers in the U.S. should consider postponing international travel until additional details become available.

Action Required:

• If you are an employer planning to file a new petition for an H-1B worker currently outside of the U.S., the order indicates that there will be an option to request a waiver of the fee in the ‘national interest,’ but it remains to be seen how they will implement this.

• If you are an employer of H-1B workers in the U.S., they may not be effected by the terms of this order if they remain in the U.S. and extend their H-1B status from within the U.S. Additional guidance is expected by the agencies, clarifying the terms of the order and its impact on this group of employees. In the meantime, consider postponing international travel if unsure of whether this order will impact you or your employee.

Schear Immigration is actively monitoring this developing situation. If you have H-1B employees abroad or in the U.S. who need assistance with immediate return travel arrangements, please contact our office immediately. We will provide updates as additional implementation guidance becomes available.

For additional detail, please refer to the full text of the proclamation at: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/