USCIS Issues Guidance on H-1B Proclamation

The White House justified the policy by pointing to concerns over wage suppression, layoffs of U.S. workers in the technology sector, and perceived national security risks associated with the H-1B program. The proclamation took effect on September 21, 2025, at 12:01 a.m. EDT, raising significant concerns among employers and foreign workers who rely on this visa category.

In response, USCIS released an FAQ on the same day clarifying how the rule will be applied. The additional payment applies to all new H-1B filings submitted on or after September 21, 2025, including petitions selected in the FY 2026 lottery. Importantly, petitions filed before the effective date and already approved visas remain unaffected. DHS, DOS, and CBP have each issued corresponding guidance to ensure consistent implementation. Employers planning to file new petitions should carefully review these requirements, as the change will directly affect hiring costs and long-term planning for H-1B sponsorship.

See the full announcement here H-1B FAQ | USCIS, Restriction on Entry of Certain Nonimmigrant Workers – The White House

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