Travel Ban on H-1B Nonimmigrants
On September 19, President Trump issued a Proclamation restricting the entry of anyone seeking to enter or reenter the United States in H-1B status without payment of a new $100,000 fee. This Proclamation goes into effect on 12:01 a.m. EDT Sunday, September 21 and will tentatively expire after one year. At this time, we are waiting for details regarding the implementation. However, below are some key points for immediate consideration:
The Proclamation targets entry of H-1B workers into the United States who are currently outside the U.S.;
The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the United States.
However, it could impact those who subsequently leave and try to reenter the United States in H-1B status during the effective period of the proclamation.
U.S. Citizenship and Immigration Services shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the United States.
Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt.
In light of the Proclamation issued, we are encouraging any H-1B workers currently abroad to return to the United States as soon as possible before the effective date. Travel outside of the United States for visa processing/renewals will be impacted so H-1B workers should refrain from all international travel until implementation is further clarified.
We anticipate that there may be exceptions for those who are considered in the national interest of the United States and do not pose a threat to the security or welfare. Unfortunately, the language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.
Our office is monitoring the situation and will provide additional updates as available.