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All H-1B Workers Outside the U.S. Must Return Before September 21, 2025; H-1B Workers In the U.S. Must Not Depart for Any Reason

Rebecca M. Bentley

Rebecca M. Bentley

  716.844.3744

  rbentley@hselaw.com

Yubin (Lucy) Oh

  585.231.1189

  yoh@hselaw.com

Earlier this evening, the Trump Administration issued an Executive Order banning entry to the U.S. for all H-1B workers as of 12:01 am on September 21, 2025. Once the Order takes effect, no H-1B workers shall be admitted to the U.S. unless their employer files an H-1B petition accompanied with a $100,000 payment. Accordingly, H-1B workers and their families currently outside the U.S. must return as soon as possible, no later than 11:59 pm on Saturday. H-1B workers currently in the U.S. should not depart the country for any reason.

The Order contains very limited exceptions, but there is not yet any guidance on how these will be enforced. Legal challenges are expected, but will take time. Our team will continue to track this Order and provide updates as they become available. Please share this guidance urgently with any H-1B workers you may know.

If you have questions, please contact a member of the HSE Immigration Practice Group.

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