On Friday, September 19, 2025, the Trump Administration issued an Executive Order restricting the entry of H-1B workers to the U.S. On its face, the Order barred entry for all H-1B workers outside the U.S. as of September 21, 2025. The Order stated that no H-1B workers were to be admitted to the U.S. unless their employer filed an H-1B petition with a $100,000 fee or showed that the H-1B worker’s entry is in the national interest.
Saturday evening, the Trump Administration significantly walked back these restrictions, via memos issued by U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP). The memos clarify that the restrictions do not apply to any H-1B workers with a valid H-1B visa stamp, a currently approved H-1B petition, or even a pending H-1B petition filed with USCIS before September 21, 2025.
Effectively, this means that the restrictions and related $100,000 fee or national interest exemption requirement apply only to new H-1B petitions filed with USCIS after September 21, 2025, on behalf of foreign nationals physically outside the U.S. While this new guidance conflicts with the Order’s plain language, it is a welcome change for employers and H-1B workers. Both memos state that the Order “only applies prospectively to petitions that have not yet been filed.” The CBP memo, posted on the agency’s X account, states “CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.”
White House Press Secretary Karoline Leavitt stated on X that the restrictions will not apply until the 2026 (FY 2027) H-1B lottery cycle (i.e., not immediately to the 2025 (FY 2026) cycle that begins on October 1, 2025), although this is not reflected in either of yesterday’s government memos. Thus, it is still ambiguous how the Order will apply to employers who are exempt from the annual H-1B lottery process, including universities and health care institutions.
The actual Order’s text, and the timing of its release, suggested a clear intent to target 2025 H-1B lottery winners, since September 21, 2025 would be the first day lottery winners could enter the U.S. under their H-1B visa (i.e., within the permissible 10-day pre-admission period, to start employment as of October 1, 2025). While not acknowledged by the Administration, Saturday’s clarifying guidance is a significant about-face and de-escalation from the original travel restrictions. Nevertheless, the Order caused widespread chaos, with H-1B workers scrambling to return to the U.S. on Saturday before the effective date.
H-1B workers should still exercise caution regarding international travel, as the situation remains unpredictable. The safest course of action is for H-1B workers to remain in the U.S., as international travel carries some level of unavoidable risk.
We will continue to monitor the situation and provide updates as they become available. Please contact any member of HSE’s Immigration practice group with questions.