This guidance was issued by the University of Massachusetts Office of General Counsel on September 23, 2025.

On September 19, 2025, the White House issued Presidential Proclamation – Restriction on Entry of Certain Nonimmigrant Workers, as well as an accompanying Fact Sheet. The proclamation aims to restrict the entry of certain H-1B nonimmigrants and impose higher costs on employers seeking to use the H-1B program. The proclamation went into effect at 12:01 eastern daylight time on September 21, 2025, and will expire 12 months after the effective date, unless extended.

The Administration has confirmed that the proclamation does not impact the ability of current H-1B visa holders to travel to or from the United States. They have also stated that the proclamation does not apply to H-1B Petitions filed prior to the effective date or to nonimmigrants with currently approved H-1B Petitions or with validly issued H-1B visas. See subsequent guidance from U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, the Department of State and the White House. 

As this is a rapidly evolving situation, we strongly recommend that all H-1B visa holders exercise extreme caution when choosing to travel internationally and advise that all H-1B travelers check in with their campus immigration point of contact for the most current advisory. We anticipate receiving additional information as the regulatory and litigation landscape develops. 

The following is a summary, as of Sept. 23, 2025, of the proclamation and accompanying guidance. 

Travel Restriction

1. Restricts the entry into the United States of H-1B nonimmigrants whose new H-1B Petitions were filed after 12:01 am eastern daylight time on September 21, 2025.
2. Restricts the Department of Homeland Security’s ability to make decisions on new H-1B Petitions for foreign nationals who are currently outside of the United States, unless accompanied by a $100,000 payment*.  

Exceptions: Employers may seek an exception to the travel restrictions by either  

1. Making a one-time payment of $100,000 per H-1B Petition to the U.S. government; or
2. Requesting a waiver in the national interest with the Department of Homeland Security. The waiver can be employee specific, company specific or industry specific.

*At this time there is no guidance on how to make the $100,000 payment or how the University could request a waiver.