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.
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.
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