On September 19, 2025, the President issued a Proclamation that temporarily suspends decisions on new H-1B visa petitions and restricts entry for certain H-1B workers unless a $100,000 fee is paid. The measure took effect on September 21, 2025, at 12:01 a.m. EDT and will last for twelve months, with the possibility of an extension.
The initial interpretation of the Proclamation suggested it would apply to all H-1B workers outside the United States as of the effective date. However, government clarification later specified that only new H-1B petitions filed on or after September 21, 2025 are affected.
Legal challenges have been raised against this policy. Lawsuits were filed on October 3 and October 16 contesting the legality of the Proclamation. These cases are still pending in court.
An H-1B visa is designed for foreign professionals working in specialty occupations that require at least a bachelor’s degree or its equivalent in fields such as business, technology, engineering, medicine or science. Employers must sponsor these visas and ensure compliance with wage and employment regulations. The visa is generally valid for up to six years and ties the worker to a specific employer.
While most restaurant positions do not qualify for H-1B visas—roles like serving or dishwashing typically use H-2B visas—specialized roles within restaurants may be eligible if they meet the “specialty occupation” criteria. Examples include chefs at high-end establishments or certain managerial positions.
The key points under this policy include:
– Individuals submitting first-time H-1B petitions on or after September 21, 2025 who are not currently in the U.S. are subject to the $100,000 fee.
– Individuals applying for visitor visas with approved H-1B petitions fall under these rules.
– Those with H-1B petitions filed before September 21, 2025 are not affected.
– Holders of valid H-1B visas can continue travel to and from the U.S.
– Extensions, amendments, and changes of employer petitions for those already maintaining status within the U.S. are exempt from this requirement.
Each new petition must include proof of payment; otherwise issuance of a visa or admission into the U.S. will be denied at consulates or ports of entry.
The Proclamation allows exceptions based on national interest but does not yet provide guidance regarding eligibility criteria or application procedures for such waivers.
“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,” said David Asser of Messner Reeves.
Messner Reeves offers worksite compliance solutions tailored to industries including restaurants and hospitality.
