On September 19, 2025, the President issued a Proclamation temporarily suspending decisions on new H-1B petitions and barring entry for certain H-1B workers unless a $100,000 fee is paid. This took effect on September 21, 2025, at 12:01 a.m. EDT for twelve months, with a possible extension.
Initially, the Proclamation seemed to apply to all H-1B workers outside the U.S. on or after the effective date. However, the government later clarified that it only affects new H-1B petitions filed on or after September 21, 2025. On October 3 and 16, lawsuits have been filed challenging the legality of the Proclamation. At this time, the lawsuits remain pending.
How Restaurants Use H-1B Visas
An H-1B visa is a temporary, non-immigrant US visa for foreign professionals in a “specialty occupation” requiring a bachelor’s degree or equivalent in fields like business, technology, engineering, medicine or science. Employers must apply for the visa, ensure the worker receives the prevailing wage, and confirm that U.S. workers are not displaced. The visa is generally valid for up to six years and is specific to the employer.
Even though, H-1B visas are typically not appropriate for standard restaurant positions like serving or dishwashing, which are better suited for H-2B visas, they can be used for specialized roles in a restaurant if the role qualifies as a “specialty occupation”, such as a chef in a prestigious establishment or a managerial position.
Who Is Impacted by this Proclamation regarding H-1B Visas?
- Individuals submitting first-time H-1B petitions on or after September 21, 2025, who are not currently in the United States.
- Individuals applying for a visitor visa with approved H-1B petitions.
Who Is Unaffected?
- Individuals with H-1B petitions filed before September 21, 2025.
- Individuals holding a valid H-1B visa (travel to and from the U.S. is still allowed).
- H-1B extensions, amendments, and changes of employer petitions for those maintaining H-1B status within the United States.
What Are the Proclamation’s Requirements?
- A $100,000 payment must accompany each “new” H-1B petition filed after September 21, 2025.
- Proof of payment is required at the consulate and/or port of entry. Without it, visa issuance or U.S. admission will be denied.
Are There Exceptions to the Proclamation?
- The proclamation allows for exceptions in the national interest, which may include:
- Specific individuals,
- All individuals working for certain companies, or
- All individuals in a particular industry.
- Note: No additional guidance has been provided on the criteria for these waivers or the application process at this time.
What Actions Should H-1B Workers and Employers Take?
- Consult with Messner Reeves to determine if this proclamation affects your situation. Avoid making international travel plans or filing new H-1B petitions without first discussing with an immigration attorney.
