DHS Clarifies Scope of H-1B Proclamation
DHS Clarifies Scope of H-1B Proclamation
Following yesterday’s Presidential Proclamation on H-1B entry restrictions and fees, the Department of Homeland Security (DHS) has issued a policy memorandum clarifying how the new rule will be applied. This guidance narrows the scope of the proclamation and provides more certainty for employers and employees.
Key Clarifications of H-1B Proclamation
- Prospective Only
The $100,000 supplemental fee applies only to H-1B petitions filed on or after September 21, 2025. - No Impact on Existing Petitions or Visas
The proclamation does not apply to:- Petitions filed before September 21, 2025.
- Beneficiaries of approved petitions.
- Individuals holding valid H-1B visas.
- Travel Not Restricted for Current Visa Holders
DHS confirms that individuals with valid H-1B visas may continue to travel to and from the U.S. without being subject to the new fee.
What Employers Should Do Now
- Reassure Current Employees: Those with valid visas or approved petitions remain unaffected at this time.
- Monitor Developments: This situation is evolving quickly. The memo provides welcome clarification, but further updates or additional guidance may follow.
- Stay Informed: Employers should continue to track announcements from DHS and DOS, as contradictions between the proclamation and agency guidance highlight how rapidly the interpretation is shifting and lawsuits are pending.