H-1B Visa Entry Restricted for Specialty Occupations

USCIS Policy Memoranda

Published September 20th, 2025

Detected March 5th, 2026

Summary

USCIS issued a memorandum restricting the entry of certain H-1B nonimmigrant workers, effective September 21, 2025. The restriction applies to new petitions unless accompanied by a $100,000 payment. This action aims to address systemic abuse of the H-1B visa program.

View original document View source feed page

What changed

The United States Citizenship and Immigration Services (USCIS) has issued a memorandum restricting the entry of aliens seeking H-1B visas for specialty occupations, pursuant to a Presidential Proclamation. Effective for petitions filed after 12:01 AM ET on September 21, 2025, entry is restricted unless the petition is accompanied or supplemented by a payment of $100,000. This restriction does not apply to aliens with petitions filed before the effective date, currently approved petitions, or valid H-1B visas.

This guidance requires all USCIS officers to ensure their decisions align with this new restriction. Employers seeking to hire foreign nationals in specialty occupations via H-1B visas must be aware of this significant financial requirement for new petitions. Failure to comply with this new directive could result in petition denial. The proclamation does not affect current visa holders' ability to travel.

What to do next

Review H-1B petition filing requirements for specialty occupations.
Assess financial implications of the $100,000 payment for new H-1B petitions.
Ensure all H-1B petitions filed after September 21, 2025, comply with the new entry restrictions.

Penalties

Petitions not accompanied or supplemented by a $100,000 payment may be restricted from entry.

Source document (simplified)

FOUO, For Of ficial Use Only September 20, 2025 Memorandum TO: Associate Directors, Deputy Associate Di rectors, Program Office Chiefs FROM: Joseph B. Edlow Director, Unite d States Citizenship and Immigra tion Service s SUBJECT: Proclamati on, Restriction on Entry of Cert ain Nonimmigrant Workers, H-1B On September 19, 2025, the Presid ent issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, to address systemic a buse of H-1B nonimmigrant visas. Pursuant to sections 212(f) and 215(a) of the Immigration a nd Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is r estricted, ex cept for those aliens whose p etitions are accompanied or supplemented by a payment of $100,000. This guidance applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025. This proclamatio n only applies pr ospective ly to petitions that have not yet be en filed. The proclamation doe s not apply to aliens who: are the beneficiarie s of petitions that were filed pr ior to the effective date of the pr oclamation, a re the beneficiaries of curr ently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers o f United States Citizenship and I mmigration Service s shall ensure that their decisions are c onsistent with this guidance. The procla mation does not impact the ability of a ny current visa holder to travel to or from the United Sta tes. cc: David V. Roy, Chief Counsel (A) U.S. D epart ment of Hom el and Secu rity U.S. Ci tize nship a nd I mmigr atio n S ervices Office of th e Direct or Camp Sp rings, MD 20588 -000 9 JOSEPH B EDLOW Digitally signed by JOSEPH B EDLOW Date: 2025.09.20 17:26:38 -04'00'